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‘•'pi > 

ORGANIC ACTS FOR 
HAWAII AND PORTO RICO 

With Amendments Thereto 


AND AN APPENDIX CONTAIN¬ 
ING GENERAL LEGISLATION 
AFFECTING HAWAII, PORTO 
RICO, GUAM, AND TUTUILA 


Beginning with 56th Congress, 1st Session 
Ending with 59th Congress, 2d Session 


Compiled and indexed for the use of the Senate 
Committee on Pacific Islands and Porto 
Rico by C. E. Alden, Clerk 


WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1907 



MAR 24 I9fii 

D. or D. 



EXPLANATION. 


Order of arrangement: 

Organic acts for Hawaii. 

Porto Rico. 

Appendix—Hawaii. 

Porto Rico. 

Guam. 

Tutuila. 

Brackets inclose original language of respective laws. 

Italics indicate new matter added by subsequent legislation. 

Eor full text of all acts affecting Hawaii, Porto Rico, Guam, and Tutuila 
(excepting those relating exclusively to appropriations made to carry 
out existing law), see Appendix. This does not include the immigra¬ 
tion act of June 29, 1906, section 30 of which, affecting citizens of 
Porto Rico, will be found quoted in connection with section 7 of the 
organic act for that island. 


3 









' 










HAWAII. 


[Public Resolution— No. 51.] 

JOINT RESOLUTION To provide for annexing the Hawaiian Islands 
to the United States. 

Whereas the Government of the Republic of Hawaii 
having, in due form, signified its consent, in the manner 
provided by its constitution, to cede absolutely and with¬ 
out reserve to the United States of America all rights of 
sovereignty of whatsoever kind in and over the Hawaiian 
Islands and their dependencies, and also to cede and 
transfer to the United States the absolute fee and owner¬ 
ship of all public, Government, or Crown lands, public 
buildings or edifices, ports, harbors, military equipment, 
and all other public property of every kind and descrip¬ 
tion belonging to the Government of the Hawaiian Is¬ 
lands, together with every right and appurtenance there¬ 
unto appertaining: Therefore, 

Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled , 
That said cession is accepted, ratified, and confirmed, and 
that the said Hawaiian Islands and their dependencies 
be, and they are hereby, annexed as a part of the territory 
of the United States and are subject to the sovereign 
dominion thereof, and that all and singular the prop¬ 
erty and rights hereinbefore mentioned are vested in the 
United States of America. 

The existing laws of the United States relative to pub¬ 
lic lands shall not apply to such lands in the Hawaiian 
Islands; but the Congress of the United States shall en¬ 
act special laws for their management and disposition: 
Provided , That all revenue from or proceeds of the same, 
except as regards such part thereof as may be used or 
occupied for the civil, military, or naval purposes of the 
United States, or may be assigned for the use of the local 
government, shall be used solely for the benefit of the in¬ 
habitants of the Hawaiian Islands for educational and 
other public purposes. 

Until Congress shall provide for the government of 
such islands all the civil, judicial, and military powers 
exercised by the officers of the existing government in said 
islands shall be vested in such person or persons and shall 


5 



6 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


be exercised in such manner as the President of the United 
States shall direct; and the President shall have power 
to remove said officers and fill the vacancies so occasioned. 

The existing treaties of the Hawaiian Islands with for¬ 
eign nations shall forthwith cease and determine, being 
replaced by such treaties as may exist, or as may be here¬ 
after concluded, between the United States and such for¬ 
eign nations. The municipal legislation of the Hawaiian 
Islands, not enacted for the fulfillment of the treaties so 
extinguished, and not inconsistent with this joint resolu¬ 
tion nor contrary to the Constitution of the United States 
nor to any existing treaty of the United States, shall 
remain in force until the Congress of the United States 
shall otherwise determine. 

Until legislation shall be enacted extending the United 
States customs 1 aws and regulations to the Hawaiian 
Islands the existing customs relations of the Hawaiian 
Islands with the United States and other countries shall 
remain unchanged. 

The public debt of the Republic of Hawaii, lawfully 
existing at the date of the passage of this joint resolution, 
including the amounts due to depositors in the Hawaiian 
Postal Savings Bank, is hereby assumed by the Govern¬ 
ment of the United States; but the liability of the United 
States in this regard shall in no case exceed four million 
dollars. So long, however, as the existing Government 
and the present commercial relations of the Hawaiian 
Islands are continued as hereinbefore provided said Gov¬ 
ernment shall continue to pay the interest on said debt. 

There shall be no further immigration of Chinese into 
the Hawaiian Islands, except upon such conditions as are 
now or may hereafter be allowed by the laws of the 
United States; and no Chinese, by reason of anything 
herein contained, shall be allowed to enter the United 
States from the Hawaiian Islands. 

The President shall appoint five commissioners, at least 
two of whom shall be residents of the Hawaiian Islands, 
who shall, as soon as reasonably practicable, recommend 
to Congress such legislation, concerning the Hawaiian 
Islands as they shall deem necessary or proper. 

Sec. 2. That the commissioners hereinbefore provided 
for shall be appointed by the President, by and with the 
advice and consent of the Senate. 

Sec. 3. That the sum of one hundred thousand dollars, 
or so much thereof as may be necessary, is hereby appro¬ 
priated, out of any money in the Treasury not otherwise 
appropriated, and to be immediately available, to be ex¬ 
pended at the discretion of the President of the United 
States of America, for the purpose of carrying this joint 
resolution into effect. 

Approved, July 7, 1898. 


Organic acts for Hawaii and forto rico. 


7 


[Public —No. 82.] 

AN ACT To provide a government for the Territory of Hawaii. 

Be it enacted by the Senate and House of Representatives Hawaii. 
of the United States of America in Congress assembled, f 0 f government 

of. 

Chapter I. —General Provisions. General pro¬ 

visions. 

DEFINITIONS. Definitions. 

Sec. 1. That the phrase “the laws of Hawaii,” as used~“J a w s oi Ha- 
in this Act without qualifying words, shall mean the con¬ 
stitution and laws of the Republic of Hawaii, in force on 
the twelfth day of August, eighteen hundred and ninety- 
eight, at the time of the transfer of the sovereignty of the 
Hawaiian Islands to the United States of America. 

The constitution and statute laws of the Republic of et / Civil law8 >” 
Hawaii then in force, set forth in a compilation made by 
Sidney M. Ballou ui.der the authority of the legislature, 
and published in two volumes entitled “Civil Laws” and 
“Penal Laws,” respectively, and in the Session Laws of 
the Legislature for the session of eighteen hundred and 
ninety-eight, are referred to in this Act as “Civil Laws,” 

“Penal Laws,” and “Session Laws.” 

TERRITORY OF HAWAII. 

Sec. 2. That the islands acquired by the United States Name of an- 
of America under an Act of Congress entitled “Joint reso- ne voi. 
lution to provide for annexing the Hawaiian Islands to the 
United States,” approved July seventh, eighteen hun¬ 
dred and ninety-eight, shall be known as the Territory 
of Hawaii. 

GOVERNMENT OF THE TERRITORY OF HAWAII. 

Sec. 3. That a Territorial government is hereby estab- Government, 
lished over the said Territory, with its capital at Hono¬ 
lulu, on the island of Oahu. 

CITIZENSHIP. 

Sec. 4. That all persons who were citizens of the Re- citizeBsbip- 
public of Hawaii on August twelfth, eighteen hundred 
and ninety-eight, are hereby declared to be citizens of the 
United States and citizens of the Territory of Hawaii. 

And all citizens of the United States resident in the 
Hawaiian Islands who were resident there on or since 
August twelfth, eighteen hundred and ninety-eight, and 
all the citizens of the United States who shall hereafter 
reside in the Territory of Hawaii for one year shall be 
citizens of the Territory of Hawaii. 


8 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


APPLICATION OF THE LAWS OF THE UNITED STATES. 

Application Sec. 5. That the Constitution, and, except as herein 
of Federal laws. 0 ^] ierw i se provided, all the laws of the United States 
which are not locally inapplicable, shall have the same 
force and effect within the said Territory as elsewhere in 
proviso. the United States: Provided , That sections eighteen hun- 
Submission of dred and fifty and eighteen hundred and ninety of the 
to congiSs. laws Revised Statutes of the United States shall not apply to 
rigb^f a So°us the Territory of Hawaii. 

corporations to hold real estate. R. S., sees. 1850-1890, pp. 327-333. 


LAWS OF HAWAII. 

co^tinuedTn Sec. That the laws of Hawaii not inconsistent with 

force. the Constitution or laws of the United States or the pro¬ 

visions of this Act shall continue in force, subject to 
repeal or amendment by the legislature of Hawaii or the 
Congress of the United States. 

repealed 118 laws S EC - That the constitution of the Republic of Ha¬ 
waii and the laws of Hawaii, as set forth in the following 
acts, chapters, and sections of the civil laws, penal laws, 
and session laws, and relating to the following subjects, 
are hereby repealed: 

—civillaws. Civil Laws: Sections two and three, Promulgation of 
laws; chapter five, Flag and seal; sections thirty to 
thirty-three, nclusive, Tenders for supplies; chapter 
seven, Minister of foreign affairs; chapter eight, Diplo¬ 
matic and consular agents; sections one hundred and 
thirty-four and one hundred and thirty-five. National 
museum; chapter twelve, Education of Hawaiian youths 
abroad; sections one hundred and fifty to one hundred 
and fifty-six, inclusive, Aid to board of education; chap¬ 
ter fourteen, Minister of the interior; sections one hun¬ 
dred and sixty-six to one hundred and sixty-eight, inclu¬ 
sive, one hundred and seventy-four and one hundred and 
seventy-five, Government lands; section one hundred and 
ninety, Board of commissioners of public lands; section 
four hundred and twenty-four, Bureau of agriculture 
and forestry; chapter thirty-one, Agriculture and manu¬ 
factures; chapter thirty-two, Ramie; chapter thirty- 
three, Taro flour; chapter thirty-four, Development of 
resources; chapter thirty-five, Agriculture; section four 
hundred and seventy-seven, Brands; chapter thirty- 
seven, Patents; chapter thirty-eight, Copyrights; sec¬ 
tions five hundred and fifty-six and five hundred and 
fifty-seven, Railroad subsidy; chapter forty-seven, Pacific 
cable; chapter forty-eight, Hospitals; chapter fifty-one, 
Coins and currency; chapter fifty-four, Consolidation 
of public debt; chapter fifty-six, Post-office; chapter 
fifty-seven, exemptions from postage; chapter fifty- 
eight, Postal savings banks; chapter sixty-five, Import 
duties; chapter sixty-six, Imports; chapter sixty-seven, 
Ports of entry and collection districts; chapter sixty- 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


9 


eight, Collectors; chapter sixty-nine, Registry of vessels; 
section one thousand and eleven, Custom-house charges; 
section eleven hundred and two, Elections; section eleven 
hundred and thirty-two, Appointment of magistrate; 
last clause of first subdivision and fifth subdivision of 
section eleven hundred and forty-four, first subdivision 
of section eleven hundred and forty-five, Jurisdiction; 
sections eleven hundred tnd seventy-three to eleven hun¬ 
dred and seventy-eight, inclusive, Translation of deci¬ 
sions; section eleven hundred and eighty-eight, Clerks of 
court; sections thirteen hundred and twenty-nine, thir¬ 
teen hundred and thirty-one, thirteen hundred and 
thirty-tw T o, thirteen hundred and forty-seven to thirteen 
hundred and fifty-four, inclusive, Juries; sections fifteen 
hundred and nine to fifteen hundred and fourteen, inclu¬ 
sive, Maritime matters; chapter one hundred and two, 
Naturalization; section sixteen hundred and seventy- 
eight, Habeas corpus; chapter one hundred and eight, 

Arrest of debtors; subdivisions six, seven, ten, twelve to 
fourteen of section seventeen hundred and thirty-six, 
Garnishment; sections seventeen hundred and fifty-five 
to seventeen hundred and fifty-eight, inclusive, Liens on 
vessels; chapter one hundred and sixteen, Bankruptcy, 
and sections eighteen hundred and twenty-eight to eight¬ 
een hundred and thirty-two, inclusive, Water rights. 

Penal Laws: Chapter six, Treason; section sixty-five— penal laws 
to sixty-seven, inclusive, Foot binding; chapter seven- repeae * 
teen, Violation of postal laws; section three hundred 
and fourteen, Blasphemy; sections three hundred and 
seventy-one to three hundred and seventy-two, inclusive, 

Vagrants; sections four hundred and eleven to four hun¬ 
dred and thirteen, inclusive, Manufacture of liquors; 
chapter forty-three, Offenses on the high seas and other 
waters; sections five hundred and ninety-five and six 
hundred and two to six hundred and nve, inclusive, 
Jurisdiction; section six hundred and twenty-three, Pro¬ 
cedure; sections seven hundred and seven hundred and 
one, Imports; section seven hundred and fifteen, Auction 
license; section seven hundred and forty-five, Commer¬ 
cial travelers; sections seven hundred and forty-eight to 
seven hundred and fifty-five, inclusive, Firearms; sec¬ 
tions seven hundred and ninety-six to eight hundred and 
nine, inclusive, Coasting trade; sections eight hundred 
and eleven and eight hundred and twelve, Peddling for¬ 
eign goods; sections eight hundred and thirteen to eight 
hundred and fifteen, inclusive. Importation of live stock; 
section eight hundred and nineteen, Imports; sections 
eight hundred and eighty-six to nine hundred and six, 
inclusive, Quarantine ; section eleven hundred and thirty- 
seven, Consuls and consular agents; chapter sixty-seven, 

Whale ships; sections eleven hundred and forty-five to 
eleven hundred and seventy-nine, inclusive, and twelve 
hundred and four to twelve hundred and nine, inclusive, 


10 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


Arrival, entry, and departure of vessels; chapters sixty- 
nine to seventy-six, inclusive, Navigation and other mat¬ 
ters within the exclusive jurisdiction of the United 
States; sections thirteen hundred and forty-seven and 
thirteen hundred and forty-eight, Fraudulent exporta¬ 
tion; chapter seventy-eight, Masters and servants; chap¬ 
ter ninety-three, Immigration; sections sixteen hundred 
and one, sixteen hundred and eight, and sixteen hundred 
and twelve, Agriculture and forestry; chapter ninety- 
six, Seditious offenses; and chapter ninety-nine, Sailing 
regulations. 

—session laws re- Session Laws: Act fifteen, Elections; Act twenty-six, 

pea e ' Duties; Act twenty-seven, Exemptions from duties; Act 

thirty-two, Registry of vessels; section four of Act thirty- 
eight, Importation of live stock; Act forty-eight, Pacific 
cable; Act sixty-five, Consolidation of public debt; Act 
sixty-six, Ports of entry; and Act sixty-eight, Chinese 
immigration. 


CERTAIN OFFICES ABOLISHED. 

Certain offices Sec. 8. That the offices of President, minister of for¬ 
eign affairs, minister of the interior, minister of finance, 
minister of public instruction, auditor-general, deputy 
auditor-general, surveyor-general, marshal, and deputy 
marshal of the Republic of Hawaii are hereby abolished. 


AMENDMENT OF OFFICIAL TITLES. 


° f Sec. 9. That whenever the words ‘ ‘President of the Re¬ 
public of Hawaii,” or “Republic of Hawaii/’ or “Gov¬ 
ernment of the Republic of Hawaii,” or their equivalents, 
occur in the laws of Hawaii not repealed by this Act, they 
are hereby amended to read “Governor of the Territory 
of Hawaii,” or “Territory of Hawaii,” or “Government 
of the Territory of Hawaii,” or their equivalents, as the 
context requires. 


of^existing^staL CONSTRUCTION OF EXISTING STATUTES, 

utes. 

gations!etc.°un- Sec. 10. That all rights of action, suits at law and in 
affected. ’’ equity, prosecutions, and judgments existing prior to the 
taking effect of this Act shall continue to be as effectual 
as if this Act had not been passed; and those in favor of 
or against the Republic of Hawaii, and not assumed by or 
transferred to the United States, shall be equally valid 
in favor of or against the government of the Territory 
xisting of- of Hawaii. All offenses which by statute then in force 
were punishable as offenses against the Republic of Ha¬ 
waii shall be punishable as offenses against the govern¬ 
ment of the Territory of Hawaii, unless such statute is in¬ 
consistent with this Act, or shall be repealed or changed 
by law. No person shall be subject to imprisonment for 
-criminal, etc., nonpayment of taxes nor for debt. All criminal and 
proceedings. p ena } proceedings then pending in the courts of the Re- 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


11 


public of Hawaii shall be prosecuted to final judgment 
and execution in the name of the Territory of Hawaii; 
all such proceedings, all actions of law, suits in equity, 
and other proceedings then pending in the courts of the 
Republic of Hawaii shall be carried on to final judgment 
and execution in the corresponding courts of the Terri¬ 
tory of Hawaii; and all process issued and sentences im¬ 
posed before this Act takes effect shall be as valid as if 
issued or imposed in the name af the Territory of Hawaii : 

Provided, That no suit or proceedings shall be maintained Provisos. 
ror the specific performance of any contract heretofore or labor, etc. 
hereafter entered into for personal labor or service, nor 
shall any remedy exist or be enforced for breach of any 
such contract, except in a civil suit or proceeding insti¬ 
tuted solely to recover damages for such breach: Pro¬ 
vided further , That the provisions of this section shall ^Merchant sea_ 
not modify or change the laws of the United States ap¬ 
plicable to merchant seamen. 

That all contracts made since August twelfth, eighteen Contracts for 
hundred and ninety-eight, by which persons are held for d s e e ^lce void 1 , 
service for a definite term, are hereby declared null and etc - 
void and terminated, and no law shall be passed to enforce 
said contracts in any way; and it shall be the duty of the 
United States marshal to at once notify such persons so 
held of the termination of their contracts. 

That the Act approved February twenty-sixth, eighteen Contract labor 
hundred and eighty-five, “To prohibit the importationcabie ma eapp 1_ 
and migration of foreigners and aliens under contract or VoL 23 > p - 332 - 
agreement to perform labor in the United States, its Ter¬ 
ritories, and the District of Columbia/' and the Acts 
amendatory thereof and supplemental thereto, be, and the 
same are hereby, extended to and made applicable to the 
Territory of Hawaii. 

STYLE OF PROCESS. 

Sec. 11 . That the style of all process in the Territorial e J tyIe of proc " 
courts shall hereafter run in the name of “The Territory 
of Hawaii/' and all prosecutions shall be carried on in the 
name and by the authority of the Territory of Hawaii. 

Chapter II. —The Legislature. The legislature. 

THE LEGISLATIVE POWER. 

Sec. 12. That the legislature of the Territory of Hawaii ^hoSSsf 1 01 
shall consist of two houses, styled, respectively, the senate 
and house of representatives, which shall organize and 
sit separately, except as otherwise herein provided. 

The two houses shall be styled “The legislature of the— style. 
Territory of Hawaii.” 

Sec. 13. That no person shall sit as a senator or re P r ?"" f q ^Jjf b c e f s ions 
sentative in the legislature unless elected under and in 0 mem er3, 
conformity with this' Act. 


12 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


General elec¬ 
tions. 

Proviso. 

Special elec¬ 
tions. 


Each house 
judge of qualifi¬ 
cations of mem¬ 
bers. 


Disqualifi¬ 
cations of legisla¬ 
tors. 


Govern m e n t 
officers ineligible 
as legislators. 


Idiots, con¬ 
victs, etc., dis- 
qualified as 
voters. 


Oath of office. 


GENERAL ELECTIONS. 

Sec. 14. That a general election shall be held on the 
Tuesday next after the first Monday in November, nine¬ 
teen hundred, and every second year thereafter: Pro¬ 
vided, however, That the governor may, in his discretion, 
on thirty days’ notice, order a special election before the 
first general election, if, in his opinion, the public inter¬ 
ests shall require a special session of the legislature. 

EACH HOUSE JUDGE OF QUALIFICATIONS OF MEMBERS. 

Sec. 15. That each house shall be the judge of the elec¬ 
tions, returns, and qualifications of its own members. 

DISQUALIFICATIONS OF LEGISLATORS. 

Sec. 16. That no member of the legislature shall, dur¬ 
ing the term for which he is elected, be appointed or 
elected to any office of the Territory of Hawaii. 

DISQUALIFICATIONS OF GOVERNMENT OFFICERS AND EM¬ 
PLOYEES. 

Sec. 17. That no person holding office in or under or by 
authority of the Government of the United States or of 
the Territory of Hawaii shall be eligible to election to the 
legislature, or to hold the position of a member of the 
same while holding said office. 

Sec. 18. No idiot or insane person, and no person who 
shall be expelled from the legislature for giving or receiv¬ 
ing bribes or being accessory thereto, and no person who, 
in due course of law, shall have been convicted of any 
criminal offense punishable by imprisonment, whether 
with or without hard labor, for a term exceeding one year, 
whether with or without fine, shall register to vote or 
shall vote or hold any office in, or under, or by authority 
of, the government, unless the person so convicted shall 
have been pardoned and restored to his civil rights. 

OATH OF OFFICE. 

Sec. 19. That every member of the legislature, and all 
officers of the government of the Territory of Hawaii, 
shall take the following oath or affirmation: 

I solemnly swear (or affirm), in the presence of Al¬ 
mighty God, that I will faithfully support the Constitu¬ 
tion and laws of the United States, and conscientiously 
and impartially discharge my duties as a member of the 
legislature, or as an officer of the government of the Terri¬ 
tory of Hawaii (as the case may be). 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


13 


OFFICERS AND RULES. 

Sec. 20. That the senate and house of representatives ru °® cers and 
shall each choose its own officers, determine the rules of 
its own proceedings, not inconsistent with this Act, and 
keep a journal. 

AYES AND NOES. 

Sec. 21 . That the ayes and noes of the members on any 08 a n d 
question shall, at the desire of one-fifth of the members 
present, be entered on the journal. 

QUORUM. 

Sec. 22. That a majority of the number of members to Quorum, 
which each house is entitled shall constitute a quorum of 
such house for the conduct of ordinary business, of which 
quorum a majority vote shall suffice; but the final passage 
of a law in each house shall require the vote of a majority 
of all the members to which such house is entitled. 

Sec. 23. That a smaller number than a quorum may ber^a^ad^um 
adjourn from day to day, and compel the attendance of fromday a toda™ 
absent members, in such manner ana under such penalties 
as each house may provide. 

Sec. 24. That, for the purpose of ascertaining whether ^ 0 S r,^ taining 
there is a quorum present, the chairman shall count the qu ° rum ’ 
number of members present. 

PUNISHMENT OF PERSONS NOT MEMBERS. 

Sec. 25. That each house may punish by fine, or by Punishment 
imprisonment not exceeding thirty days, any person not a members, 
member of either house who shall be guilty of disrespect 
of such house by any disorderly or contemptuous behavior 
in its presence or that of any committee thereof; or who 
shall, on account of the exercise of any legislative func-— offenses speci- 
tion, threaten harm to the body or estate of any of the fled ' 
members of such house; or who shall assault, arrest, or 
detain any witness or other person ordered to attend such 
house, on his way going to or returning therefrom; or who 
shall rescue any person arrested by order of such house. 

But the person charged with the offense shall be in- Accused to be 
formed, in writing, of the charge made against him, and 5ef e r nse n Ws ° wn 
have an opportunity to present evidence and be heard in 
his own defense. 

COMPENSATION OF MEMBERS. 

Sec. 26. That the members of the legislature shall re-^compensation 
ceive for their services, in addition to mileage at the rate of members - 
of ten cents a mile each way, the sum of four hundred 


14 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


dollars for each regular session of the legislature, payable 
in three equal installments on and after the first, thirtieth, 
and fiftieth days of the session, and the sum of two hun¬ 
dred dollars for each extra session of the legislature. 

PUNISHMENT OF MEMBERS. 

mfmbers ment ° f Sec. 27. That each house may punish its own members 
for disorderly behavior or neglect of duty, by censure, or 
by a two-thirds vote suspend or expel a member. 

EXEMPTION FROM LIABILITY. 

tom liability° n Sec. 28. That no member of the legislature shall be 
held to answer before any other tribunal for any words 
uttered in the exercise of his legislative functions in 
either house. 


EXEMPTION FROM ARREST. 


Exemption 
from arrest. 


Proviso. 

—limitation. 


Sec. 29. That the members of the legislature shall, in 
all cases except treason, felony, or breach of the peace, be 
privileged from arrest during their attendance at the ses¬ 
sions of the respective houses, and in going to and return¬ 
ing from the same: Provided, That such privilege as to 
going and returning shall not cover a period of over ten 
days each way. 


Senate. 


The Senate. 


Number of NUMBER OF MEMBERS, 

members. 

ice. erm ° f serv " Sec. 30. That the senate shall be composed of fifteen 
Sivfslon into members, who shall hold office for four years: Provided, 
classed ° ° however, That of the senators elected at the first general 

election, two from the first district, one from the second, 
three from the third, and one from the fourth district 
shall hold office for two years only, the details of such 
apportionment to be provided for by the legislature. 

VACANCIES. 

vacancies. Sec. That vacancies caused by death, resignation, 
or otherwise shall be filled for the unexpired term at gen¬ 
eral or special elections. 

SENATORIAL DISTRICTS. 

trfcts? torIal Sec. 32. That for the purpose of representation in the 
senate, until otherwise provided by law, the Territory is 
divided into the following senatorial districts, namely: 

First district: The island of Hawaii. 

Second district: The islands of Maui, Molokai, Lanai, 
and Kahoolawe. 

Third district: The island of Oahu. 

Fourth district: The islands of Kauai and Niihau. 


OEGANIC ACTS FOE HAWAII AND POETO EICO. 


15 


Sec. 33. That the electors in the said districts shall be m ^ p° rtioD ~ 
entitled to elect senators as follows: 

In the first district, four; 

In the second district, three; 

In the third district, six; 

In the fourth district, two. 

The several senators elected in the First, Second, Third, office 

and Fourth senatorial districts at the first general election of senators, first 
held in the Territory of Hawaii shall, except as hereinafter electlon - 
provided, each hold office for the term of four years from 
the date of such election. 

For the First senatorial district N. Russell and J. D. First district. 
Paris shall each hold office as a senator for such district for 
the term of two years. 

For the Second senatorial district William White shad tr!ct. cond d18 ’ 
hold office as a senator for such district for the term of two 
years. 

For the Third senatorial district D. Kanuha, George R. Third district * 
Carter, and William C. Achi shall each hold office as a sen¬ 
ator for such district for the term of two years. 

For the Fourth senatorial district I. H. Kahilina shall trict? u r t h dls " 
hold office as a senator for such district for the term of two 
• years. (Act May 19, i902.) 

QUALIFICATIONS OF SENATOES. 

Sec. 34. That in order to be eligible to election as a sen- 0 i wSSoSf 1011- 
ator a person shall— 

Be a male citizen of the United States; 

Have attained the age of thirty years; 

Have resided in the Hawaiian Islands not less than 
three years and be qualified to vote for senators in the 
district from which he is elected. 

The House of Representatives. repre " 

NUMBER OF REPRESENTATIVES. 

Sec. 35. That the house of representatives shall be com- re ^^tfve 0 s f etf 
posed of thirty members, elected, except as herein pro¬ 
vided, every second year. 

TEEM OF OFFICE. 

% 

Sec. 36. That the term of office of the representatives Tenn of office - 
elected at any general or special election shall be until the 
next general election held thereafter. 

VACANCIES. 

Sec. 37. That vacancies in the office of representative VacancIes - 
caused by death, resignation, or otherwise shall be filled 
for the unexpired term at special elections. 


16 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


REPRESENTATIVE DISTRICTS. 

Representative Sec. 38. That for the purpose of representation in the 
districts. house of representatives, until otherwise provided by law, 
the Territory is divided into the following representative 
districts, namely: 

First district: That portion of the island of Hawaii 
known as Puna, Hilo, and Hamakua. 

Second district: That portion of the island of Hawaii 
known as Kau, Kona, and Kohala. 

Third district: The islands of Maui, Molokai, Lanai, 
and Kahoolawe. 

Fourth district: That portion of the island of Oahu 
lying east and south of Nuuanu street and a line drawn in 
extension thereof from the Nuuanu Pali to Mokapu Point. 

Fifth district: That portion of the island of Oahu lying 
west and north of the fourth district. 

Sixth district: The islands of Kauai and Niihau. 

APPORTIONMENT. 

mwit portion $ EC - That the electors in the said districts shall be 
entitled to elect representatives as follows: 

In the first district, four; 

In the second district, four; 

In the third district, six; 

In the fourth district, six; 

In the fifth district, six; 

In the sixth district, four. 

QUALIFICATIONS OF REPRESENTATIVES. 

Qualifications Sec. 40. That in order to be eligible to be a member of 
tives. representa_ the house of representatives a person shall, at the time of 
election— 

Have attained the age of twenty-five years; 

Be a male citizen of the United States; 

Have resided in the Hawaiian Islands not less than 
three years; 

And shall be qualified to vote for representatives in the 
district from which he is elected. 

Legislation. LEGISLATION. 

SESSIONS OF THE LEGISLATURE. 

legislature. 0 * the ^ec. 41 * That the first regular session of the legislature 
shall be held on the third Wednesday in February, nine¬ 
teen hundred and one, and triennially thereafter, in 
Honolulu. 

Sec. 42. That neither house shall adjourn during any 
session for more than three days, or sine die, without the 
consent of th£ other. 

-duration of. Sec. 43. That each session of the legislature shall con¬ 
tinue not longer than sixty days, excluding Sundays and 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


17 


holidays: Provided, however, That the governor may ex- Proviso. 
tend such session for not more than thirty days. 

The governor may convene the legislature or the senate special session, 
alone, in special session, and, in case the seat of govern- otheVtha^capi- 
ment shall be unsafe from an enemy, riot, or insurrection, taL 
or any dangerous disease, direct that any regular or 
special session shall be held at some other than the regular 
meeting place. 

ENACTING CLAUSE-ENGLISH LANGUAGE. 

Sec. 44. That the enacting clause of all laws shall be, cl ^° acting 
“Be it enacted by the legislature of the Territory 0 f cause ‘ 
Hawaii.” 

All legislative proceedings shall be conducted in the English ian- 
English language. guage - 

TITLE OF LAWS. 

Sec. 45. That each law shall embrace but one subject, Title of laws, 
which shall be expressed in its title. 

READING OF BILLS. 

Sec. 46. That a bill in order to become a law shall, bi n s eading 01 
except as herein provided, pass three readings in each 
house, on separate days, the final passage of which in -final passage, 
each house shall be by a majority vote of all the members 
to which such house is entitled, taken by ayes and noes 
and entered upon its journal. 

CERTIFICATION OF BILLS FROM ONE HOUSE TO THE OTHER. 

Sec. 47. That every bill when passed by the house in bms rti from io one 
which it originated, or in which amendments thereto shall house to an- 
have originated, shall immediately be certified by the other ‘ 
presiding officer and clerk and sent to the other house for 
consideration. 

SIGNING BILLS. 

Sec. 48. That, except as herein provided, all bills signing bins, 
passed by the legislature shall, in order to be valid, be 
signed by the governor. 

VETO OF GOVERNOR. 

Sec. 49. That every bill which shall have passed the er ^ o ® to of * ov ' 
legislature shall be certified by the presiding officers and 
clerks of both houses, and shall thereupon be presented 
to the governor. If he approves it, he shall sign it, and 
it shall become a law. If the governor does not approve 
such bill, he may return it, with his objections, to the 
legislature. 

He may veto any specific item or items in any bill 
which appropriates money for specific purposes; but 
shall veto other bills, if at all, only as a whole. 

8210—07 - 2 


18 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


Procedure PROCEDURE UPON RECEIPT OF VETO, 

upon receipt of 
veto. 

Sec. 50. That upon the receipt of a veto message from 
the governor each house of the legislature shall enter 
the same at large upon its journal and proceed to recon¬ 
sider such bill, or part of a bill, and again vote upon it by 
ayes and noes, which shall be entered upon its journal. 

If after such reconsideration such bill, or part of a bill, 
shall be approved by a two-thirds vote of all the members 
to which each house is entitled, it shall therby become 
law. 

FAILURE TO SIGN OR VETO. 

sign or veto® to ^ EC * That if the governor neither signs nor vetoes 
a bill within ten days after it is delivered to him it shall 
become a law without his signature, unless the legislature 
adjourns sine die prior to the expiration of such ten days. 

If any bill shall not be returned by the governor within 
ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law in like manner 
as if he had signed it, unless the legislature by their ad¬ 
journment prevents its return, in which case it shall not 
be a law. 

APPROPRIATIONS. 

tion^made bLn- Sec. 52. That appropriations, except as otherwise here- 
niaiiy. ‘ in provided, shall be made biennially by the legislature: 

us(Tof hmdsm^ 7,0 ^ 6 ^’ however, That pending the time when this Act 
Hawaiian treas- shall take effect and until a session of the legislature of 
ury authorized, Territory of Hawaii shall be held, the President may, 
in his discretion, authorize and direct the use of such 
money in the treasury of the Republic of Hawaii as well 
as of "the Territory of Hawaii, as he shall think requisite 
and proper for carrying on the government of the Ter¬ 
ritory of Hawaii, the preservation of the public health, 
the completion of the sewerage system of the city of 
Honolulu, and such other expenditures as in the Presi¬ 
dent’s judgment shall seem to be appropriate. 
appro^faUoni or Sec. 53. That the governor shall submit to the legisla¬ 
ture, at each regular session, estimates for appropriations 
for the succeeding biennial period. 

appropriate 6 !or Sec. 54. That in case of failure of the legislature to 
current ex-pass appropriation bills providing for payments of the 
necessary current expenses of carrying on the govern¬ 
ment and meeting its legal obligations as the same are pro¬ 
vided for by the then extisting laws, the governor shall, 
-extrasession, upon the adjournment of the legislature, call it in extra 
session for the consideration of appropriation bills, and 
until the legislature shall have acted the treasurer may, 
with the advice of the governor, make such payments, 
for which purpose the sums appropriated in the last ap¬ 
propriation bills shall be deemed to have been reappropri¬ 
ated. And all legislative and other appropriations made 
prior to the date when this Act shall take effect, shall be 
available to the government of the Territory of Hawaii. 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


19 


LEGISLATIVE POWER. 

Sec. 55. That the legislative power of the Territory 81 a1 * v 6 
shall extend to all rightful subjects of legislation not in- -scopeof. 
consistent with the Constitution and laws of the United 
States locally applicable. The legislature, at its first 
regular session after the census enumeration shall be 
ascertained, and from time to time thereafter, shall reap¬ 
portion the membership in the senate and house of repre¬ 
sentatives among the senatorial and representative dis¬ 
tricts on the basis of the population in each of said 
districts who are citizens of the Territory; but the legis- ^elusive priv- 
lature shall not grant to any corporation, association, or corporations. ° 
individual any special or exclusive privilege, immunity, 
or franchise without the approval of Congress; nor shall —P g rivate char - 
it grant private charters, but it may by general act permit 
persons to associate themselves together as bodies corpo--incorpora- 
rate for manufacturing, agricultural, and other industrial tlons * 
pursuits, and for conducting the business of insurance, 
savings banks, banks of discount and deposit (but not 
of issue), loan, trust, and guaranty associations, for the 
establishment and conduct of cemeteries, and for the con¬ 
struction and operation of railroads, wagon roads, vessels, 
and irrigating ditches, and the colonization and improve¬ 
ment of lands in connection therewith, or for colleges, 
seminaries, churches, libraries, or any other benevolent, 
charitable, or scientific association: Provided, That no Proviso. 
corporation, domestic or foreign, shall acquire and hold holdings of cor¬ 
real estate in Hawaii in excess of one thousand acres; Umit " 

and all real estate acquired or held by such corporation or 
association contrary hereto shall be forfeited and escheat 
to the United States, but existing vested rights in real 
estate shall not be impaired. No divorce shall be granted Divorce, 
by the legislature, nor shall any divorce be granted by the 
courts of the Territory unless the applicant therefor shall 
have resided in the Territory for two years next preced¬ 
ing the application, but this provision shall not affect any 
action pending when this Act takes effect; nor shall any 
lottery or sale of lottery tickets be allowed; nor shall Lotteries, 
spirituous or intoxicating liquors be sold except under Liquors, 
such regulations and restrictions as the Territorial legis¬ 
lature shall provide; nor shall any public money be ap¬ 
propriated for the support or benefit of any sectarian, sectarian, etc., 
denominational, or private school, or any school not under schools ' 
the exclusive control of the government; nor shall the 
government of the Territory of Hawaii, or any political Government 
or municipal corporation or subdivision of the territory, stock of corpora- 
make any subscription to the capital stock of any incor- tlons ’ etc - 
porated company, or in any manner lend its credit for the 
use thereof; nor shall any debt be authorized to be con- Te Cont™cting 
tracted by or on behalf of the Territory, or any political restricted, etc. 
or municipal corporation or subdivision thereof, except 
to pay the interest upon the existing indebtedness, to sup- 


20 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


Town, etc. 
government. 


Elections. 


Exemption of 
electors on elec¬ 
tion day. 


Method of 
voting for rep¬ 
resentatives. 


press insurrection, or to provide for the common defense, 
except that in addition to any indebtedness created for 
such purposes the legislature may authorize loans by the 
Territory, or any such subdivision thereof, for the erec¬ 
tion of penal, charitable, and educational institutions, and 
for public buildings, wharves, roads, and harbor and other 
public improvements, but the total of such indebtedness 
incurred in any one year by the Territory or any subdivi¬ 
sion shall not exceed one per centum upon the assessed 
value of taxable property of the Territory or subdivision 
thereof, as the case may be, as shown by the last general 
assessment for taxation, and the total indebtedness for 
the Territory shall not at any time be extended beyond 
seven per centum of such assessed value, and the total in¬ 
debtedness of any subdivision shall not at any time be 
extended beyond three per centum of such assessed value, 
but nothing in this provision shall prevent the refunding 
of any existing indebtedness at any time; nor shall any 
such loan be made upon the credit of the public domain 
or any part thereof, nor shall any bond or other instru¬ 
ment of any such indebtedness be issued unless made re¬ 
deemable in not more than five years and payable in not 
more than fifteen years from the date of the issue thereof; 
nor shall any such bond or indebtedness be incurred until 
approved by the President of the United States. 

TOWN, CITY, AND COUNTY GOVERNMENT. 

Sec. 56. That the legislature may create counties and 
town and city municipalities within the Territory of 
Hawaii and provide for the government thereof; and all 
officials thereof shall be appointed or elected, as the case 
may be, in such manner as shall be provided by the governor 
and legislature of the Territory. (Act Mar. 3, 1905.) 

Elections. 

EXEMPTION OF ELECTORS ON ELECTION DAY. 

Sec. 57. That every elector shall be privileged from ar¬ 
rest on election day during his attendance at election and 
in going to and returning therefrom, except in case of 
breach of the peace then committed, or incase of treason 
or felony. 

Sec. 58. That no elector shall be so obliged to perform 
military duty on the day of election as to prevent his 
voting, except in time of war or public danger, or in case 
of absence from his place of residence in actual military 
service, in which case provision may be made by law for 
taking his vote. 

method of voting for representatives. 

Sec. 59. That each voter for representative may cast a 
vote for as many representatives as are to be elected from 
the representative district in which he is entitled to vote. 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 21 

The required number of candidates receiving the high¬ 
est number of votes in the respective representative dis¬ 
tricts shall be the representatives for such districts. 

QUALIFICATIONS OF VOTERS FOR REPRESENTATIVES. 

Sec. 60 . That in order to be qualified to vote for repre- Qualifications 
sentatives a person shall— resentatives. 

First. Be a male citizen of the United states. 

Second. Have resided in the Territory not less than 
one year preceding and in the representative district in 
which he offers to register not less than three months im¬ 
mediately preceding the time at which he offers to reg¬ 
ister. 

Third. Have attained the age of twenty-one years. 

Fourth. Prior to each regular election, during the time 
prescribed by law for registration, have caused his name 
to be entered on the register of voters for representatives 
for his district. 

Fifth. Be able to speak, read, and write the English or 
Hawaiian language. 

METHOD OF VOTING FOR SENATORS. 

Sec. 61. That each voter for senator may cast one vote vou^V/sen- 
for each senator to be elected from the senatorial district ators. 
in which he is entitled to vote. 

The required number of candidates receiving the high¬ 
est number of votes in the respective senatorial districts 
shall be the senators for such district. 

QUALIFICATIONS OF VOTERS FOR SENATORS AND IN ALL 
OTHER ELECTIONS. 

Sec. 62 . That in order to be qualified to vote for sen- of voter^fo^sen- 
ators and for voting in all other elections in the Territorv at ° rs and > aU 
of Hawaii a person must possess all the qualifications 
and be subject to all the conditions required by this Act 
of voters for representatives. 

Sec. 63. That no person shall be allowed to vote who isjee^^ritory 
in the Territory by reason of being in the Army or Navy disqualification.’ 
or by reason of being attached to troops in the service of 
the United States. 

Sec. 64. That the rules and regulations for administer- ^anou’s Com _ 
ing oaths and holding elections set forth in Ballou’s Com- pi provisionasto 
pilation, Civil Laws, Appendix, and the list of register- in force™’ 
ing districts and precincts appended, are continued in 
force with the following changes, to wit: 

Strike out the preliminary proclamation and sections —except, 
one to twenty-six, inclusive, sections thirty and thirty- 
nine, the second and third paragraphs of section forty- 
eight, the second paragraph of section fifty, and sections 
sixty-two, sixty-three, and sixty-six, second paragraph of 
section one hundred. 


22 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


In section twenty-nine strike out all after the word 
“Niihau” and in lieu thereof insert: “The boards of reg¬ 
istration existing at the date of the approval of this Act 
shall go out of office, and new boards, which shall consist 
of three members each, shall be appointed by the gov¬ 
ernor, by and with the advice and consent of the senate, 
whose terms of office shall be four years. Appointments 
made by the governor when the senate is not in session 
shall be valid until the succeeding meeting of that body/' 

In section thirty-one strike out “the first day of April 
and the thirtieth day of June, in the year eighteen hun¬ 
dred and ninety-seven,” and insert in lieu thereof “the 
last day of August and the tenth day of October, in the 
year nineteen hundred.” 

Strike out the words “and the detailed record” in sec¬ 
tions fifty-two and one hundred and twelve. 

Strike out “marshal” wherever it occurs and insert in 
lieu thereof “high sheriff.” 

Strike out of section fifty-three the words “except as 
provided in section one hundred and fourteen hereof.” 

In sections fifty-three, fifty-four, fifty-six, fifty-seven, 
fifty-nine, sixty, seventy-one, seventy-five, eighty-six, 
ninety-two, ninety-three, ninety-four, ninety-five, one 
hundred and eleven, one hundred and twelve, and one 
hundred and thirteen strike out the words “minister” 
and “minister of the interior” wherever they occur and 
insert in lieu thereof the words “secretary of the Terri¬ 
tory.” 

In section fifty-six, paragraph three, strike out “inte¬ 
rior office” and insert “ office of the secretary of the Terri¬ 
tory.” 

In section fifty-six, first paragraph, after the words 
“candidate for election” insert “to the legislature;” and 
in the last paragraph strike out the word “only.” 

Strike out the word “elective” in section sixty-four. 

In sections twenty-seven, sixty-four, sixty-five, sixty- 
eight, seventy, and seventy-two strike out the words 
“minister of the interior” or “minister” wherever they 
occur and insert in lieu thereof the word “governor.” 

Amend section sixty-seven so that it will read: “At 
least forty days before any election the governor shall 
issue an election proclamation and transmit copies of the 
same to the several boards of inspectors throughout the 
Territory, or where such election is to be held.” 

In section seventy-five strike out the word “perfectly,” 
and in section seventy-six strike out “in” and insert 
“on.” 

In section one hundred and twelve strike out “interior 
department” and insert in lieu thereof “office of the 
secretary of the Territory.” 

In section one hundred and fourteen strike out the word 
“Republic” wherever it occurs and insert in lieu thereof 
“Territory.” 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


23 


In section one hundred and fifteen strike out the words 
“minister” and “minister of the interior” and insert 
in lieu thereof “treasurer,” and strike out all after the 
word “refreshments:” Provided, however, That for the 
holding of a special election before the first general elec¬ 
tion the governor may prescribe the time during which 
the boards of registration shall meet and the registration 
be made. 

Sec. 65. That the legislature of the Territory may from Altering 
time to time establish and alter the boundaries of elec-eSondistricts! 
tion districts and voting precincts and apportion the 
senators and; representatives to be elected from such 
districts. 

Chapter 3.—The Executive. The executive. 

THE EXECUTIVE POWER. 

Sec. 66. That the executive power of the government Governor, 
of the Territory of Hawaii shall be vested in a governor, 
who shall be appointed by the President, by and with the 
advice and consent of the Senate of the United States, 
and shall hold office for four years and until his suc¬ 
cessor shall be appointed and qualified, unless sooner re¬ 
moved by the President. He shall be not less than thirty- 
five years of age; shall be a citizen of the Territory of 
Hawaii; shall be commander in chief of the militia 
thereof; may grant pardons or reprieves for offenses 
against he laws of the said Territory and reprieves for 
offenses against the laws of the United States until the 
decision of the President is made known thereon. 

ENFORCEMENT OF LAW. 

Sec. 67. That the governor shall be responsible for the Powers of gov 
faithful execution of the laws of the United States and ernor ‘ 
of the Territory of Hawaii within the said Territory, 
and whenever it becomes necessary he may call upon the 
commanders of the military anti naval forces of the 
United States in the Territory of Hawaii, or summon the 
posse comitatus, or call out the militia of the Territory 
to prevent or suppress lawless violence, invasion, insur¬ 
rection, or rebellion in said Territory, and he may, in 
case of rebellion or invasion, or imminent danger thereof, 
when the public safety requires it, suspend the privilege 
of the writ of habeas corpus, or place the Territory, or 
any part thereof, under martial law until communication 
can be had with the President and his decision thereon 
made known. 

GENERAL POWERS OF THE GOVERNOR. 

Sec. 68. That all the powers and duties which, by the“f eneral Pi¬ 
laws of Hawaii, are conferred upon or required of the 
President or any minister of the Republic of Hawaii 


24 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


(acting alone or in connection with any other officer or 
person or body) or the cabinet or executive council and 
not inconsistent with the Constitution or laws of the 
United States, are conferred upon and required of the 
governor of the Territory of Hawaii, unless otherwise 
provided. 

SECRETARY OF THE TERRITORY. 

the^^erritory 1 ^ EC * 69• That there shall be a secretary of the said Ter- 

duties, etc. ’ ritory, who shall be appointed by the President, by and 
with the advice and consent of the Senate of the United 
States, and who shall be a citizen of the Territory of Ha¬ 
waii and hold his office for four years and until his suc¬ 
cessor shall be appointed and qualified, unless sooner 
removed by the President. He shall record and preserve 
all the laws and proceedings of the legislature and all acts 
and proceedings of the governor, and promulgate procla¬ 
mations of the governor. He shall, within thirty days 
after the end of each session of the legislature, transmit 
to the President, the President of the Senate, and the 
Speaker of the House of Representatives of the United 
States one copy each of the laws and journals of such ses¬ 
sion. He shall transmit to the President, semiannunlly, 
on the first days of January and July, a copy of the 
executive proceedings, and shall perform such other 
duties as are prescribed in this Act or as may be required 
of him by the legislature of Hawaii. 

ACTING GOVERNOR IN CERTAIN CONTINGENCIES. 

—when to aet as Sec. 70. That in case of the death, removal, resignation, 
or disability of the governor, or his absence from the Ter¬ 
ritory, the secretary shall exercise all the powers and per¬ 
form all the duties of governor during such vacancy, dis¬ 
ability, or absence, or until another governor is appointed 
and qualified. 

ATTORNEY-GENERAL. 

eraifdSS'ete? Sec. 71. That there shall t>e an attorney-general, who 
shall have the powers and duties of the attorney-general 
and those of the powers and duties of the minister of the 
interior which relate to prisons, prisoners, and prison in¬ 
spectors, notaries public, and escheat of lands under the 
laws of Hawaii, except as changed by this Act afid sub¬ 
ject to modification by the legislature. 

TREASURER. 

tie ^ urer ' du - Sec. 72. That there shall be a treasurer, who shall have 
the powers and duties of the minister of finance and 
those of the powers and duties of the minister of the in¬ 
terior which relate to licenses, corporations, companies, 
and partnerships, business conducted by married women. 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


25 


newspapers, registry of conveyances, and registration of 
prints, labels, and trade-marks under the laws of Hawaii, 
except as changed in this Act and subject to modification 
by the legislature. 


COMMISSIONER OF PUBLIC LANDS. of pStSinds 61 * 


Sec. 73. That the laws of Hawaii relating to public i a w S u flies’ 1 e£; d 
lands, the settlement of boundaries, and the issuance ofcontinued in 

E atents on land-commission awards, except as changed force * 
y this Act, shall continue in force until Congress shall 
otherwise provide. That, subject to the approval of the 
President, all sales, grants, leases, and other dispositions 
of the public domain, and agreements concerning the 
same, and all franchises granted by the Hawaiian gov¬ 
ernment in conformity with the laws of Hawaii between 
the seventh day of July, eighteen hundred and ninety- 
eight, and the twenty-eighth day of September, eighteen 
hundred and ninety-nine, are hereby ratified and con¬ 
firmed. In said laws “land patent” shall be substituted te ££ s ange oi 
for “royal patent;” “commissioner of public lands” for 
“minister of the interior,” “agent of public lands,” and 
“commissioners of public lands,” or their equivalents; 
and the words “that I am a citizen of the United States,” 
or “that I have declared my intention to become a citizen 
of the United States, as required by law,” for the words 
“that I am a citizen by birth (or naturalization) of the 
Republic of Hawaii,” or “that I have received letters of 
denization under the Republic of Hawaii,” or “that I 
have received a certificate of special right of citizenship 
from the Republic of Hawaii.” And no lease of agricul- c j£S5i iand a?ri ' 
tural land shall be granted, sold, or renewed by the gov¬ 
ernment of the Territory of Hawaii for a longer period 
than five years until Congress shall otherwise direct. All v °i. 30, p. 750. 
funds arising from the sale or lease or other disposal of 
such lands shall be appropriated by the laws of the gov¬ 
ernment of the Territory of Hawaii and applied to such 
uses and purposes for the benefit of the inhabitants of the 
Territory of Hawaii as are consistent with the joint reso¬ 
lution of annexation, approved July seventh, eighteen 
hundred and ninety-eight: Provided, There shall be ex-_£ r c ° e ption. 
cepted from the provisions of this section all lands here¬ 
tofore set apart, or reserved, by Executive order, or 
orders, by the President of the United States. 


COMMISSIONER OF AGRICULTURE AND FORESTRY. 


C o mmissioner 
of Agriculture 
and Forestry. 

Sec. 74. That the laws of Hawaii relating to agricul- u ^a£ s {o ^£ ntin - 
ture and forestry, except as changed by this Act, shall 
continue in force, subject to modification by Congress or 
the legislature. In said laws “commissioner of agricul- te ££ 8 ange 01 
ture and forestry”‘shall be substituted, respectively, for 
“bureau,” “bureau of agriculture and forestry,” “com¬ 
missioner,” “commissioners of agriculture,” and “com¬ 
missioners for the island of Oahu.” 


26 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


SUPERINTENDENT OF PUBLIC WORKS. 

er?t U of e pubifc ^ EC - 75. That there shall be a superintendent of public 
works, duties, works, who shall have the powers and duties of the super¬ 
intendent of public works and those of the powers and 
duties of the minister of the interior which relate to 
streets and highways, harbor improvements, wharves, 
landings, waterworks, railways, electric light and power, 
telephone lines, fences, pounds, brands, weights and meas¬ 
ures, fires and fireproof buildings, explosives, eminent 
domain, public works, markets, buildings, parks and 
cemeteries, and other grounds and lands now under the 
control and management of the minister of the interior, 
and those of the powers and duties of the minister of 
finance and collector-general which relate to pilots and 
harbor masters under the laws of Hawaii, except as 
changed by this Act and subject to modification by the 
teSns ange of legislature In said laws the word “ legislature” shall 
be substituted for “councils” and the words “the circuit 
court” for “the Hawaiian Postal Savings Bank.” 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

ent ofpuEln- Sec. 76. That there shall be a superintendent of pub- 
struction, duties, lie instruction, who shall have the powers and perform 
the duties conferred upon and required of the minister of 
public instruction by the laws of Hawaii as amended by 
[this] the Act, and subject to modification by the legis¬ 
lature. 

tics abor Btatis ’ ^ s l ia ll k e Ih e duty of the United States Commissioner 
of Labor to collect, assort, arrange, and present in [an¬ 
nual] reports in nineteen hundred and five, and every 
jive years thereafter , statistical details relating to all de¬ 
partments of labor in the Territory of Hawaii, especially 
in relation to the commercial, industrial, social, educa¬ 
tional, and sanitary condition of the laboring classes, 
and to all such other subjects as Congress may, by law, 
direct. The said commissioner is especially charged to 
ascertain, [at as early a date as possible, and as often 
thereafter as such information may be required,] the 
highest, lowest, and average number of employees en¬ 
gaged in the various industries in the Territory, to be 
classified as to nativity, sex, hours of labor, and condi¬ 
tions of employment, and to report the same to Congress. 

Note. —This section amended by Act April 8,1904. See Appendix. 

AUDITOR AND DEPUTY AUDITOR. 

Auditor and Sec. 77. That there shall be an auditor and deputy au- 
deputy, duties, w ^ 0 g j ia p p ave p 0wers ar ^ duties conferred 

upon and required of the auditor-general and deputy 
auditor-general, respectively, by act thirty-nine of the 
Session Laws, as amended by this Act, subject to modifi¬ 
cation by the legislature. In said act “officer” shall 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


27 


be substituted for “minister” where used without other 
designation. 

SURVEYOR. 

Sec. 78. That there shall be a surveyor, who shall have 
the powers and duties heretofore attached to the surveyor- 
general, except such as relate to the geodetic survey of 
the Hawaiian Islands. 

HIGH SHERIFF. 

Sec. 79. That there shall be a high sheriff and deputies, 
who shall have the powers and duties of the marshal and 
deputies of the Republic of Hawaii under the laws of 
Hawaii, except as changed by this Act, and subject to 
modification by the legislature. 

APPOINTMENT, REMOVAL, TENURE, AND SALARIES OF 
OFFICERS. 

Sec. 80. That the President shall nominate and, by and 
with the advice and consent of the Senate, appoint the 
chief justice and justices of the supreme court, the judges 
of the circuit courts, who shall hold their respective offices 
for the term of four years, unless sooner removed by the 
President; and the governor shall nominate and, by and 
with the advice and consent of the senate of the Territory 
of Hawaii, appoint the attorney-general, treasurer, com¬ 
missioner of public lands, commissioner of agriculture 
and forestry, superintendent of public works, superin¬ 
tendent of public instruction, auditor, deputy auditor, 
surveyor, high sheriff, members of the board of health, 
commissioners of public instruction, board of prison in¬ 
spectors, board of registration and inspectors of election, 
and any other boards of a public character that may be 
created by law; and he may make such appointments 
when the senate is not in session by granting commissions, 
which shall, unless such appointments are confirmed, ex¬ 
pire at the end of the next session of the senate. He may, 
by and with the advice and consent of the senate of the 
Territory of Hawaii, remove from office any of such offi¬ 
cers. All such officers shall hold office for four years and 
until their successors are appointed and qualified, unless 
sooner removed, except the commissioners of public in¬ 
struction and the members of said boards, whose terms of 
office shall be as provided by the laws of the Territory of 
Hawaii. 

The manner of appointment and removal and the ten¬ 
ure of all other officers shall be as provided by law; and 
the governor may appoint or remove any officer whose ap¬ 
pointment or removal is not otherwise provided for. 

The salaries of all officers other than those appointed by 
the President shall be as provided by the legislature, but 
those of the chief justice and the justices of the supreme 
court and judges of the circuit courts shall not be dimin¬ 
ished during their term of office. 


Surveyor. 


Iligh sheriff. 


App ointment 
of officers. 


—removal. 


Term of office. 


A p pointment, 
etc., of unspeci¬ 
fied officers. 


Salaries. 


28 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


citizens™ to be All officers appointed under the provisions of this sec¬ 
tion shall be citizens of the Territory of Hawaii. 
cifm^entsVo All persons holding office in the Hawaiian Islands at 
hold 1 u£tii S suc- the time this Act takes effect shall continue to hold their 
cessor appoint- reS p ec tiy e offices until their successors are appointed and 
qualified, but not beyond the end of the first session of the 
senate of the Territory of Hawaii unless reappointed as 
herein provided. 

flceTtc™ of of " Provided , however , That nothing in this section shaii 
be construed to conflict with the authority and powers 
conferred by section fifty-six of this Act as herein 
amended. (Act Mar. 3, 1905.) 

Chapter 4. 

THE JUDICIARY. 

The judiciary. Sec. gj That the judicial power of the Territory shall 

be vested in one supreme coairt, circuit courts, and in such 
inferior courts as the legislature may from time to time 
establish. And until the legislature shall otherwise pro¬ 
vide, the laws of Hawaii heretofore in force concerning 
the several courts and their jurisdiction and procedure 
shall continue in force except as herein otherwise pro¬ 
vided. 

Supreme SUPREME COURT. 

Court. 

—ofwimttocoii- g EC g 2 That the supreme court shall consist of a chief 
justice and two associate justices, who shall be citizens of 
the Territory of Hawaii and shall be appointed by the 
President of the United States, by and with the advice 
and consent of the Senate of the United States, and may 
Proviso. be removed by the President: Provided , however , That 
tices. m case or the disqualification or absence of any justice 

thereof, in any cause pending before the court, on the 
trial and determination of said cause his place shall be 
court P of e th e filled as provided by law: Provided , That wnts of error and 
united states, appeals may also be taken from the supreme court of the 
^Appeals, etc., y^mion/ of Hawaii to the Supreme Court of the United 
States in all cases where the amount involved, exclusive 
of costs , exceeds the sum or value of five thousand dollars. 
(Act Mar. 3, 1905.) 

LAWS CONTINUED IN FORCE. 

ued a inforce. ntin " Sec. 83. That the laws of Hawaii relative to the judi¬ 
cial department, including civil and ciLninal procedure, 
except as amended by this Act, are continued in force, 
subject to modification by Congress, or the legislature, 
juries. The provisions of said laws or any laws of the Kepublic 
uin pe piov?sioS’ of Hawaii which require juries to be composed of aliens 
or foreigners only, or to be constituted hy impaneling 
natives of Hawaii only, in civil and criminal cases speci¬ 
fied in said laws, are repealed, and all juries shall here- 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


29 


after be constituted without reference to the race or place 
of nativity of the jurors; but no person who is not a male-qualifications, 
citizen of the United States and twenty-one years of age 
and who can not understanding^ speak;, read, and write 
the English language shall be a qualified juror or grand 
juror in the Territory of Hawaii. No person shall be 
convicted in any criminal case except by unanimous ver¬ 
dict of the jury. No plaintiff or defendant in any suit or^JJ* e °£ e race 
proceeding in a court of the Territory of Hawaii shall be 
entitled to a trial by a jury impaneled exclusively from 
persons of any race. Until otherwise provided by the 
legislature of the Territory, grand juries may be drawn —grand juries, 
in the manner provided by the Hawaiian statutes for 
drawing petty juries, and shall sit at such times as the 
circuit judges of the respective circuits shall direct; the 
number of grand jurors in each circuit shall be not less 
than thirteen, and the method of the presentation of 
cases to said grand jurors shall be prescribed by the su¬ 
preme court of the Territory of Hawaii. The several 
circuit courts may subpoena witnesses to appear before 
the grand jury in like manner as they subpoena witnesses 
to appear before their respective courts. 

DISQUALIFICATION BY RELATIONSHIP, PECUNIARY INTER¬ 
EST, OR PREVIOUS JUDGMENT. 

Sec. 84. That no person shall sit as a judge or juror i n t T is J f u 
any case in which his relative by affinity or by consan-ju°ry.° JU ge ° r 
guinity within the third degree is interested, either as a 
plaintiff or defendant, or in the issue of which the said 
judge or juror may have, either directly or through such 
relative, any pecuniary interest. No judge shall sit on 
an appeal, or new trial, in any case, in which he may have 
given a previous judgment. 


Chapter 5.—United States Officers. 


United States 
officers. 


DELEGATE TO CONGRESS. 


Sec. 85. That a Delegate to the House of Represents- Co ^^ ate t0 

tives of the United States, to serve during each Congress, 
shall be elected by the voters qualified to vote for mem¬ 
bers of the house of representatives of the legislature; 
such Delegate shall possess the qualifications necessary 
for membership of the senate of the legislature of Hawaii. 

[The times, places, and manner of holding elections shall 
be as fixed by law.] 

Such election shall be held on the first Tuesday after the ti ^j me of elec “ 
first Monday in No- ember of every even year and at such 
places as shall be d -signaled by the secretary of the Terri¬ 
tory. The ballot for Delegate shall be such as the legislature Ballot * 
of Hawaii may designate , ahd until provision is made by 
the Territorial legislature the ballot shall be of pink paper 
and shall be of the same general form as those used for the 
election of representatives to the legislature . 


30 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


names V/ cand^ The me lh°d °f certifying the names of candidates for 

dates. place on this ballot and all the conduct of the election of a 

Delegate shall be in conformity to the general election laws 
of the Territory of Hawaii. (Act June 28, 1906.) 

The person having the greatest number of votes shall 
be declared by the governor duly elected, and a certificate 
shall be given accordingly. Every such Delegate shall 
have a seat in the House of Representatives, with the 
right of debate, but not of voting. 

Fining vacan- i n case qJ' a vacancy occurring in the office of Delegate, 
the governor of the Territory is directed to call a special 
election to fill such vacancy: Provided, however, That no 
vacancy shall be filled which occurs within five months of 
the expiration of a Congressional term. 

Amendment. JTie legislature of the Territory of Hawaii shall have the 
right to alter or amend any part of the election laws of said 
Territory, including those providing for an election of Dele¬ 
gate to Congress, and its action shall be the law, with full, 
binding force, until altered, amended, or repealed by Con¬ 
gress. . (Act June 28, 1906.) 


cy 


Proviso. 

Restriction. 


FEDERAL COURT 


Federal court. g EC> gg Th a t there shall be established in said Terri¬ 
tory a district court to consist of one judge, who shall re- 
oftudge?etc. ent side therein and be called the district judge. The Presi¬ 
dent of the United States, by and with the advice and 
consent of the Senate of the United States, shall appoint 
a district judge, a district attorney, and a marshal of the 
United States for the said district, and said judge, at¬ 
torney, and marshal shall hold office for six years unless 
Jurisdiction, sooner removed by the President. Said court shall have, 
in addition to the ordinary jurisdiction of district courts 
of the United States, jurisdiction of all cases cognizable 
in a circuit court of the United States, and shall proceed 
therein in the same manner as a circuit court; and said 
judge, district attorney, and marshal shall have and ex¬ 
ercise in the Territory of Hawaii all the powers conferred 
by the laws of the United States upon the judges, de¬ 
procedure, etc. trict attorneys, and marshals of district and circuit courts 
of the United States. Writs of error and appeals from 
said district court shall be had and allowed to the circuit 
court of appeals in the ninth judicial circuit in the same 
manner as writs of error and appeals are allowed from 
circuit courts to circuit courts of appeals as provided by 
law, and the laws of the United States relating to juries 
and jury trials shall be applicable to said district court. 
The laws of the United States relating to appeals, writs 
of error, removal of causes, and other matters and pro¬ 
ceedings as between the courts of the United States and 
the courts of the several States shall govern in such mat¬ 
ters and proceedings as between the courts of the United 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


31 


States and the courts of the Territory of Hawaii. Regu- Terms of court, 
lar terms of said court shall be held at HoncKulu on the 
second Monday in April and October and at Hilo on the 
last Wednesday in January of each year; and special 
terms may be held at such times and places in said dis¬ 
trict as the said judge may deem expedient. The said 
district judge shall appoint a clerk for said court at a Cierk - 
salary of three thousand dollars per annum, and shall 
appoint a reporter of said court at a salary of twelve hun- Reporter, 
dred dollars per annum. 

INTERNAL-REVENUE DISTRICT. 

Sec. 87. That the Territory of Hawaii shall constitute n J“J!™ r ^ eve ' 
a district for the collection of the internal revenue of the 
United States, with a collector, whose office shall be at 
Honolulu, and deputy collectors at such other places in 
the several islands as the Secretary of the Treasury shall 
direct. 

CUSTOMS DISTRICT. 

Sec. 88. That the Territory of Hawaii shall comprise tr ££ stoms dis " 
a customs district of the United States, with ports of entry 
and delivery at Honolulu, Hilo, Mahukona, and Kaliului. 

Chapter 6.—Miscellaneous. 

REVENUES FROM WHARVES. 

Sec. 89. That until further provision is made by Con- vh&ives!** from 
gress the wharves and landings constructed or controlled 
by the Republic of Hawaii on any seacoast, bay, road¬ 
stead, or harbor shall remain under the control of the gov¬ 
ernment of the Territory of Hawaii, which shall receive 
and enjoy all revenues derived therefrom, on condition 
that said property shall be kept in good condition for the 
use and convenience of commerce, but no tolls or charges 
shall be made by the government of the Territory of 
Hawaii for the use of any such property by the United 
States, or by any vessel of war, tug, revenue cutter, or 
other boat or transport in the service of the United States. 

Sec. 90. That Hawaiian postage stamps, postal cards, H awaiia S n ti0 post? 
and stamped envelopes at the post-offices of the Hawaiian age stamps. 
Islands when this Act takes effect shall not be sold, but, 
together with those that shall thereafter be received at 
such offices as herein provided, shall be canceled under the 
direction of the Postmaster-General of the United States; 
those previously sold and uncanceled shall, if presented 
at such offices within six months after this Act takes 
effect, be received at their face value in exchange for pos¬ 
tage stamps, postal cards, and stamped envelopes of the 
United States of the same aggregate face value and, so 
far as may be, of such denominations as desired. 


32 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


of D pubUc l prop” S EC - 91. That the public property ceded and trans- 
umted^staVes he ^ erre ^ the United States by the Republic of Hawaii 

vof-aTp.^so. under the joint resolution of annexation, approved July 
seventh, eighteen hundred and ninety-eight, shall be and 
remain in the possession, use, and control of the govern¬ 
ment of the Territory of Hawaii, and .shall be main¬ 
tained, managed, and cared for by it, at its own expense, 
until otherwise provided for by Congress, or taken for the 
uses and purposes of the United States by direction of the 
President or of the governor of Hawaii. And all moneys 
in the Hawaiian treasury, and all the revenues and other 
property acquired by the Republic of Hawaii since said 
cession shall be and remain the property of the Territory 
of Hawaii. 

ernor a etc ° fgov " Sec. 92. That the following officers shall receive the 
following annual salaries, to be paid by the United 
States: The governor, five thousand dollars; the secre¬ 
tary of the Territory, three thousand dollars; the chief 
justice of the supreme court of the Territory, five thou¬ 
sand five hundred dollars, and the associate justices of the 
supreme court, five thousand dollars each, and the judges 
of the circuit courts, three thousand dollars each. The 
salaries of the said chief justice and the associate justices 
of the supreme court, and the judges of the circuit courts 
as above provided shall be paid by the United States; the 
United States district judge, five thousand dollars; the 
United States marshal, two thousand five hundred dol¬ 
lars; the United States district attorney, three thousand 
dollars. And the governor shall receive annually, in ad¬ 
dition to his salary, the sum of five hundred dollars for 
stationery, postage, and incidentals; also his traveling 
expenses while absent from the capital on official busi¬ 
ness, and the sum of two thousand dollars annually for 
his private secretary. 

IMPORTS FROM HAWAII INTO THE UNITED STATES. 

imports from Sec. 93. That imports from any of the Hawaiian Is- 
united sTat°es! he lands, into any State or any other Territory of the United 
States, of any dutiable articles not the growth, produc¬ 
tion, or manufacture of said islands, and imported into 
them from any foreign country after July seventh, eight¬ 
een hundred and ninety-eight, and before this Act takes 
effect, shall pay the same duties that are imposed on the 
same articles when imported into the United States from 
any foreign country. 

INVESTIGATION OF FISHERIES. 

o^fisherie^ 1011 Sec. 94- That Commissioner of Fish and Fisheries 
o s enes. United States is empowered and required to exam¬ 

ine into the entire subject of fisheries and the laws relat¬ 
ing to the fishing rights in the Territory of Hawaii, and 
report to the President touching the same, and to recom¬ 
mend such changes in said laws as he shall see fit. 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


33 


REPEAL OF LAWS CONFERRING EXCLUSIVE FISHING RIGHTS. 

Sec. 95. That all laws of the Republic of Hawaii which 
conrer exclusive nsning rights upon any person or per-sive fishing 
sons are hereby repealed, and all fisheries in the sea wa- nghts * 
ters of the Territory of Hawaii not included in any fish 
pond or artificial inclosure shall be free to all citizens of 
the United States, subject, however, to vested rights; but 
no such vested right shall be valid after three years from 
the taking effect of this Act unless established as herein¬ 
after provided. 

PROCEEDINGS FOR OPENING FISHERIES TO CITIZENS. 

Sec. 96. That any person who claims a private right to f 0 p r ro J^ 1 n “5| 
any such fishery shall, within two years after the taking fisheries to citi- 
effect of this Act, file his petition in a circuit court of the zens ‘ 
Territory of Hawaii, setting forth his claim to such fish¬ 
ing right, service of which petition shall be made upon 
the attorney-general, who shall conduct the case for the 
Territory, and such case shall be conducted as an ordinary 
action at law. 

That if such fishing right be established, the attorney- 
general of the Territory of Hawaii may proceed, in such 
manner as may be provided by law for the condemnation 
of property for public use, to condemn such private right 
of fishing to the use of the citizens of the United States 
upon making just compensation, which compensation, 
when lawfully ascertained, shall be paid out of any money 
in the treasury of the Territory of Hawaii not otherwise 
appropriated. 

QUARANTINE. Quarantine. 

Sec. 97. That quarantine stations shall be established ul |tauons^ «g- 
at such places in the Territory of Hawaii as the Super¬ 
vising Surgeon-General of the Marine-Hospital Service 
of the United States shall direct, and the quarantine regu¬ 
lations for said islands relating to the importation of dis¬ 
eases from other countries shall be under the control of 
the Government of the United States. The quarantine Honolulu sta- 
station and grounds at the harbor of Honolulu, together 11011, 
with all the public property belonging to that service, 
shall be transferred to the Marine-Hospital Service of the 
United States, and said quarantine grounds shall continue 
to be so used and employed until the station is changed 
to other grounds which may be selected by order of the 
Secretary of the Treasury. 

The health laws of the government of Hawaii relating 
to the harbor of Honolulu and other harbors and inlets 
from the sea and to the internal control of the health of 
the islands shall remain in the jurisdiction of the govern¬ 
ment of the Territory of Hawaii, subject to the quaran¬ 
tine laws and regulations of the United States. 

8210—07-3 


34 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


tain vessels. 


Crown land 
free from trusts, 
etc. 


N a t u r a liza 
tion. 


American Sec. 93 That all vessels carrying Hawaiian registers 
cer “ on the twelfth day of August, eighteen hundred and 
ninety-eight, and which were owned bona fide by citi¬ 
zens of the United States, or the citizens of Hawaii, 
together with the following-named vessels claiming Ha¬ 
waiian register, Star of France, Euterpe, Star of Russia, 
Falls of Clyde, and Wilscott, shall be entitled to be reg¬ 
istered as American vessels, with the benefits and 
privileges appertaining thereto, and the coasting trade 
between the islands aforesaid and any other portion of 
the United States, shall be regulated in accordance with 
the provisions of law applicable to such trade between 
any two great coasting districts. 

Sec. 99. That the portion of the public domain hereto¬ 
fore known as Crown land is hereby declared to have been, 
on the twelfth day of August, eighteen hundred and 
ninety-eight, and prior thereto, the property of the Ha¬ 
waiian government, and to be free and clear from any 
trust of or concerning the same, and from all claim of 
any nature whatsoever, upon the rents, issues, and profits 
thereof. It shall be subject to alienation and other uses 
as may be provided by law. 

Sec. 100. That for the purposes of naturalization under 
the laws of the United States residence in the Hawaiian 
Islands prior to the taking effect of this Act shall be 
deemed equivalent to residence in the United States and 
in the Territory of Hawaii, and the requirement of a pre¬ 
vious declaration of intention to become a citizen of the 
United States and to renounce former allegiance shall 
not apply to persons who have resided in said islands 
at least five years prior to the taking effect of this Act; 
but all other provisions of the laws of the United States 
relating to naturalization shall, so far as applicable, 
apply to persons in the said islands. 

Sec. 101. That Chinese in the Hawaiian Islands when 
this Act takes effect may within one year thereafter ob¬ 
tain certificates of residence as required by ‘‘An Act to 
prohibit the coming of Chinese persons into the United 
States/’ approved May fifth, eighteen hundred and 
ninety-two, as amended by an Act approved November 
third, eighteen hundred and ninety-three, entitled “An 
Act to amend an Act entitled ‘An Act to prohibit the 
coming of Chinese persons into the United States/ ap¬ 
proved May fifth, eighteen hundred and ninety-two/’ 
and until the expiration of said year shall not be deemed 
to be unlawfully in the United States if found therein 
without such cetificates: Provided , however , That no Chi- 
borers deniednese laborer, whether he shall hold such certificate or 
United States. °not, shall be allowed to enter any State, Territory, or 
District of the United States from the Hawaiian Ishinds. 
as^o postal sav- Sec. 102 . That the laws of Hawaii relating to the es- 
pgs banks aboi- tablishment and conduct of any postal savings bank or 
institution are hereby abolished. And the Secretary of 


C e r t i f i cates 
of residence for 
Chinese. 

Vol. 27, p. 25. 


Vol. 28, p. 7. 


Proviso. 
Chin e s 1 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


35 


the Treasury, in the* execution of the agreement of the savings 
United States as expressed in an Act entitled “ Joint Bank. 
Resolution to provide for annexing the Hawaiian Islands depositors 18 au¬ 
to the United States,” approved July seventh, eighteen th voi ze ^o > e ^' 750< 
hundred and ninety-eight, shall pay the amounts on de¬ 
posit in the Hawaiian Postal Savings Bank to the persons 
entitled thereto, according to their respective rights, and 
he shall make all needful orders, rules, and regulations 
for paying such persons and for notifying such persons to 
present their demands for payment. So much money as 
is necessary to pay said demands is hereby appropriated 
out of any money in the Treasury not otherwise appropri¬ 
ated, to be available on and after the first day of July, 
nineteen hundred, when such payments shall begin, and 
none of said demands shall bear interest after said date, 
and no deposit shall be made in said bank after said date. 

Said demands of such persons shall be certified to by the 
chief executive of Hawaii as being genuine and due to 
the persons presenting the same, and his certificate shall 
be sealed with the official seal of the Territory, and coun¬ 
tersigned by its secretary, and shall be approved by the 
Secretary of the Interior, who shall draw his warrant for 
the amount due upon the Treasurer of the United States, 
and when the same are so paid no further liabilities shall 
exist in respect of the same against the governments of 
the United States or of Hawaii. 

Sec. 103. That any money of the Hawaiian Postal Sav- -surplus, etc., 
ings Bank that shall remain unpaid to the persons enti-united P sfates 
tied thereto on the first day of July, nineteen hundred Treasury, 
and one, and any assets of said bank shall be turned over 
by the government of Hawaii to the Treasurer of the 
United States, and the Secretary of the Treasury shall 
cause an account to be stated, as of said date, between 
such government of Hawaii and the United States in re¬ 
spect to said Hawaiian Postal Savings Bank. 

Sec. 104. This act shall take effect forty-five days from Effect, 
and after the date of the approval thereof, excepting only 
as to section fifty-two, relating to appropriations, whicn 
shall take effect upon such approval. 

Approved, April 30, 1900. 


PORTO RICO. 


[Public— No. 69.] 

AN ACT Temporarily to provide revenues and a civil government 
for Porto Rico, and for other purposes. 


Proiisos. 

—coffee. 


Be it enacted by the Senate and House of Representatives 
Provisions for the United States of America in Congress assembled , That 
riviigovernment, the provisions of this Act shall apply to the island of 
et s‘cope of act. Porto Rico and to the adjacent islands and waters of the 
voi. 30, p. 1754. isl a nds lying east of the seventy-fourth meridian of lon¬ 
gitude west of Greenwich, which were ceded to the United 
States by the Government of Spain by treaty entered into 
on the tenth day of December, eighteen hundred and 
ninety-eight; and the name Porto Rico, as used in this 
Act, shall be held to include not only the island of that 
name, but all the adjacent islands as aforesaid. 

Tariff on for- Sec. 2. That on and after the passage of this Act the 
eign imports. same tariffs, customs, and duties shall be levied, collected, 
and paid upon all articles imported into Porto Rico from 
ports other than those of the United States which are 
required by law to be collected upon articles imported 
into the United States from foreign countries: Provided , 
That on all coffee in the bean or ground imported into 
Porto Rico there shall be levied and collected a duty of 
five cents per pound, any law-w part of law to the con- 
admi a tted 1 free° ks trar y notwithstanding i And provided further, That all 
Spanish scientific, literary, and artistic works, not sub¬ 
versive of public order in Porto Ric;o ; shall be admitted 
free of duty into Porto Rico for a period of ten years, 
reckoning from the eleventh day of April, eighteen hun¬ 
dred and ninety-nine, as providl#«™#rl tw*8apk>f peace 
between the United States and Spain: And provided fur- 
from g th?u3tS^ 6r J That all books and pamphlets printed in the English 
states. language shall be admitted into Porto Rico free of duty 

when imported from the United States, 
t we n e S n as th e e Sec. That on and after the passage of'this Act all 
united states merchandise coming into the United States from Porto 
an orto tico. -j^- co an( } com ijig i n t 0 p 0 rto Rico from the United States 
shall be entered at the several ports of entry upon pay¬ 
ment of fifteen per centum of the duties which are re¬ 
quired to be levied, collected, and paid upon like articles 


36 



ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


37 


of merchandise imported from foreign countries; and in^£ufaSu2s Can 
addition thereto upon articles of merchandise of Porto 
Rican manufacture coming into the United States and 
withdrawn for consumption or sale upon payment of a 
tax equal to the internal-revenue tax imposed in the 
United States upon the like articles of merchandise of do¬ 
mestic manufacture; such tax to be paid by internal- 
revenue stamp or stamps to be purchased and provided 
by the Commissioner of Internal Revenue and to be 
procured from the collector of internal revenue at or 
most convenient to the port of entry of said merchandise 
in the United States, and to be affixed under such regu¬ 
lations as the Commissioner of Internal Revenue, with 
the approval of the Secretary of the Treasury, shall 
prescribe; and on all articles of merchandise of Unitedm^nufactares! 68 ’ 
States manufacture coming into Porto Rico in addition , 
to the duty above provided upon payment of a tax equal 
in rate and amount to the internal-revenue tax imposed 
in Porto Rico upon the like articles of Porto Rican manu¬ 
facture: Provided, That on and after the date when this Emission free 
Act shall take effect, all merchandise and articles, except j f ot 
coffee, not dutiable under the tariff laws of the United the united 
States, and all merchandise and articles entered in Porto States - 
Rico free of duty under orders heretofore made by the 
Secretary of War, shall be admitted into the several 
ports thereof, when imported from the United States, 
free of duty, all laws or parts of laws to the contrary 
notwithstanding; and whenever the legislative assembly wS^sys&m^f 
of Porto Rico shall have enacted and put into operation [ 0 ^^^es- 
a system of local taxation to meet the necessities of the 
government of Porto Rico, by this Act established, and 
shall by resolution duly passed so notify the President, he 
shall make proclamation thereof, and thereupon all 
tariff duties on merchandise and articles going into Porto 
Rico from the United States or coming into the United 
States from Porto Rico shall cease, and from and after 
such date all such merchandise and articles shall be en¬ 
tered at the several ports of entry free of duty; and in 
no event shall any duties be collected after the first 
day of March, nineteen hundred and two, on merchandise 
and articles going into Porto Rico from the United States 
or coming into the United States from Porto Rico. 

Sec. 4. That the duties and taxes collected in Porto co ^S e e ^ 
Rico in pursuance of this Act, less the cost of collecting^te fund f in 
the same, and the gross amount of all collections of duties benefit of Porto 
and taxes in the United States upon articles of merchan- Rico - 
dise coming from Porto Rico, shall not be covered into 
the general fund of the Treasury, but shall be held as a 
separate fund, and shall be placed at the disposal of the 
President to be used for the government and benefit of 
Porto Rico until the government of Porto Rico herein 
provided for shall have been organized, when all moneys 
theretofore collected under the provisions hereof, then 
unexpended, shall be transferred to the local treasury of 


38 ORGANIC ACTS FOR HAWAII AND PORTO RICO. 

Treasury to R° r to Rico, and the Secretary of the Treasury shall desig- 
designate ports nate the several ports and subports of entry in Porto 
maffruies and Rico and shall make such rules and regulations and ap- 
reguiations. point such agents as may be necessary to collect the duties 
and taxes authorized to be levied, collected, and paid in 
Porto Rico by the provisions of this Act, and he shall fix 
the compensation and provide for the payment thereof of 
all such officers, agents, and assistants as he may find it 
necessary to employ to carry out the provisions hereof: 

Duties 0 ' to b ^Provided, however, That as soon as a civil government 
paid into Porto for Porto Rico shall have been organized in accordance 
when 11 civdf a gov^ with the provisions of this Act and notice thereof shall 
iished. nt estab ’ have been given to the President he sha 11 make proclama¬ 
tion thereof, and thereafter all collections of duties and 
taxes in Porto Rico under the provisions of this Act shall 
be paid into the treasury of Porto Rico, to be expended as 
required by law for the government and benefit thereof 
instead of being paid into the Treasury of the United 
States. 

try U or eS wTt tf- Sec. 5. That on and after the day when this Act shall 
ehandisehnport-&° * n t° effect all goods, wares, and merchandise previ¬ 
ed' from Porto ously imported from Porto Rico, "for which no entry has 
ac 1 t c ) °etc! ortotllls heen made, and all goods, wares, and merchandise previ¬ 
ously entered without payment of duty and under bond 
for warehousing, transportation, or any other purpose, 
for which no permit of delivery to the importer or his 
agent has been issued, shall be subjected to the duties im¬ 
posed by this Act, and to no other duty, upon the entry 
— duties based on or ^ ie withdrawal thereof: Provided, That when duties 
weight. ° are based upon the weight of merchandise deposited in 
any public or private bonded warehouse said duties shall 
be levied and collected upon the weight of such merchan¬ 
dise at the time of its entry. 

General provi- GENERAL PROVISIONS, 

sions. 

capital. Sec. 6. That the capital of Porto Rico shall be at the 

city of San Juan and the seat of government shall be 
maintained there. 

ject^ ai d S eem e b d Sec. That all inhabitants continuing to reside there- 
citizens of Porto in who were Spanish subjects on the eleventh day of 
Rico, etc. April, eighteen hundred and ninety-nine, and then re¬ 
sided in Porto Rico, and their children born subsequent 
thereto, shall be deemed and held to be citizens of Porto 
Rico, and as such entitled to the protection of the United 
States, except such as shall have elected to preserve their 
allegiance to the Crown of Spain on or before the eleventh 

voi. 30 , p. 1759. day of April, nineteen hundred, in accordance with the 
provisions of the treaty of peace between the United 
States anl Spain entered into on the eleventh day of 
bodypoTticl^tc 6 April, eighteen hundred and ninety-nine; and they, 
together with such citizens of the United States as may 
reside in Porto Rico, shall constitute a body politic under 


ORGANIC ACTS FOR HAWAII AND FORTO RICO. 


39 


the name of The People of Porto Rico, with governmental 
powers as hereinafter conferred, and with power to sue 
and be sued as such. 

All the applicable provisions of the naturalization laws 
of the United States shall apply to and be held to author¬ 
ize the admission to citizenship of all persons not citizens 
who owe permanent allegiance to the United States, and 
who may become residents of any State or organized 
Territory of the United States, with the following modifi¬ 
cations: The applicant shall not be required to renounce 
allegiance to any foreign sovereignty; he shall make his 
declaration of intention to become a citizen of the United 
States at least two years prior to his admission; and resi¬ 
dence within the jurisdiction of the United States, owing 
such permanent allegiance, shall be regarded as residence 
within the United States within the meaning of the live 
years’ residence clause of the existing law. (Naturaliza¬ 
tion Act June 29, 1906, section 30.) 

Sec. 8. That the laws and ordinances of Porto Rico laws 

now in force shall continue in full force and effect, ex- —oxiept.' 
cept as altered, amended, or modified hereinafter, or as 
altered or modified by military orders and decrees in 
force when this Act shall take effect, and so far as the 
same are not inconsistent or in conflict with the statu¬ 
tory laws of the United States not locally inapplicable, 
or the provisions hereof, until altered, amended, or re¬ 
pealed by the legislative authority hereinafter provided 
for Porto Rico or by Act of Congress of the United 
States: Provided, That so much of the law which was in Promsos - 
force at the time of cession, April eleventh, eighteen etc. of 
hundred and ninety-nine, forbidding the marriage of 
priests, ministers, or followers of any faith because of 
vows they may have taken, being paragraph four, article 
eighty-three, chapter three, civil code, and which was 
continued by the order of the secretary of justice of 
Porto Rico, dated March seventeenth, eighteen hundred 
and ninety-nine, and promulgated by Major-General Guy 
V. Henry, United States Volunteers, is hereby repealed 
and annulled, and all persons lawfully married in Porto 
Rico shall have all the rights and remedies conferred by 
law upon parties to either civil or religious marriages: 

And provided further, That paragraph one, article one- adulter y> etc - 
hundred and five, section four, divorce, civil code, and 
paragraph two, section nineteen, of the order of the min¬ 
ister °of justice of Porto Rico, dated March seventeenth, 
eighteen hundred and ninety-nine, and promulgated by 
Major-General Guy V. Henry, United States Volunteers, 
be, and the same hereby are, so amended as to read: 

“Adultery on the part of either the husband or the wife.” 

Sec. 9. That the Commissioner of Navigation shall ti ?n* of a Porto 
make such regulations, subject to the approval of the Rican vessels * 
Secretary of the Treasury, as he may deem expedient for 
the nationalization of all vessels owned by the inhabit¬ 
ants of Porto Rico on the eleventh day of April, eighteen 


40 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


hundred and ninety-nine, and which continued to be so 
owned up to the date of such nationalization, and for the 
admission of the same to all the benefits of the coasting 
trade of the United States; and the coasting trade be¬ 
tween Porto Rico and the United States shall be regu¬ 
lated in accordance with the provisions of law applicable 
to such trade between any two great coasting districts of 
the United States. 

stations antine Sec. That quarantine stations shall be established 
at such places in Porto Rico as the Supervising Surgeon- 
General of the Marine-Hospital Service of the United 
—regulations. States shall direct, and the quarantine regulations relat¬ 
ing to the importation of diseases from other countries 
shall be under the control of the Government of the 
United States. 

Redemption of Sec. 11. That for the purpose of retiring the Porto 
coins? R1 c a n Rican coins now in circulation in Porto Rico and substi¬ 
tuting therefor the coins of the United States, the Secre¬ 
tary of the Treasury is hereby authorized to redeem, on 
presentation in Porto Rico, all the silver coins of Porto 
Rico known as the peso and all other silver and copper 
Porto Rican coins now in circulation in Porto Rico, not 
including any such coins that may be imported into Porto 
Rico after the first day of February, nineteen hundred, at 
the present established rate of sixty cents in the coins of 
the United States for one peso of Porto Rico coin, and for 
all minor or subsidiary coins the same rate of exchange 
—recoinage. shall be applied. The Porto Rican coins so purchased or 
redeemed shall be recoined at the expense of the United 
States, under the direction of the Secretary of the Treas- 
' ury, into such coins of the United States now authorized 

by law as he may direct, and from and after three months 
Legal tender. a ft er the date when this Act shall take effect no coins 
shall be a legal tender, in payment of debts thereafter 
contracted, for any amount in Porto Rico, except those of 
Appropriation. the United States; and whatever sum may be required to 
carry out the provisions hereof, and to pay all expenses 
that may be incurred in connection therewith, is hereby 
Regulations, appropriated, and the Secretary of the Treasury is hereby 
authorized to establish such regulations and employ such 
agencies as may be necessary to accomplish the purposes 
sTiTt i n g hereof: Provided, however, That all debts owing on the 
payable. 111 what date when tllis Act sha ll take effect shall be payable in 
the coins of Porto Rico now in circulation, or in the coins 
of the United States at the rate of exchange above named. 
abSmpffi Sec - 12 • That a11 expenses that may be incurred on ac- 
Riean revenues, count of the government of Porto Rico for salaries of offi¬ 
cials and the conduct of their offices and departments, 
and all expenses and obligations contracted for the inter¬ 
nal improvement or development of the island, not, how¬ 
ever, including defenses, barracks, harbors, light-houses, 
buoys, and other works undertaken by the United States, 
shall be paid by the treasurer of Porto Rico out of the 
revenues in his custody. 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


41 


Sec. 13. That all property which may have been 
quired m Porto Rico by the United States under the ces- gable streams, 
sion of Spain in said treaty of peace in any public bridges, dlr’t^eatjTf 
road houses, water powers, highways, unnavigable §e? C gfvernment 
streams, and the beds thereof, subterranean waters, mines, of rorto Rico, 
or minerals under the surface of private lands, and all etc ' 
property which at the time of the cession belonged, under 
the laws of Spain then in force, to the various harbor- 
works boards of Porto Rico, and all the harbor shores, 
docks, slips, and reclaimed lands, but not including har¬ 
bor areas or navigable waters, is hereby placed under the 
control of the government established by this Act to be 
administered for the benefit of the people of Porto Rico; 
and the legislative assembly hereby created shall have au¬ 
thority, subject to the limitations imposed upon all its 
acts, to legislate with respect to all such matters as it may 
deem advisable. 

Note. —For authority given Secretary of War with respect to erection 
and maintenance of structures in harbor areas and navigable waters 
of Porto Rico, see act of June 11, 1906, Appendix, page 85. 

Sec. 14. That the statutory laws of the United States a Federal laws 
$ot locally inapplicable, except as hereinbefore or herein- app lca e ‘ 
after otherwise provided, shall have the same force and 
effect in Porto Rico as in the United States, except the 
internal-revenue laws, which, in view of the provisions 
of section three, shall not have force and effect in Porto 
Rico. 

Sec. 15. That the legislative authority hereinafter pro- Legislature 
vided shall have power by due enactment to amend, alter, u a w s re contiified 
modify, or repeal any law or ordinance, civil or criminal, in force - 
continued in force by this Act, as it may from time to time 
see fit. 

Sec. 16. That all judicial process shall run in the name Judicial proc- 
of “ United States of America, ss: the President of the ess> 

United States,” and all criminal or penal prosecutions in 
the local courts shall be conducted in the name and by the 
authority of “The people of Porto Rico;” and all officials 0ath - 
authorized by this Act shall before entering upon the 
duties of their respective offices take an oath to support 
the Constitution of the United States and the laws of 
Porto Rico. 

THE GOVERNOR. The governor. 

Sec. 17. That the official title of the chief executive Title, 
officer shall be “The Governor of Porto Rico.” He shall Appointment, 
be appointed by the President, by and with the advice 
and consent of the Senate; he shall hold his office for a Term of office, 
term of four years and until his successor is chosen and 
qualified unless sooner removed by the President; he shall fiC e. ocatlon of 0 “ 
reside in Porto Rico during his official incumbency, and 
shall maintain his office at the seat of government; he 
may grant pardons and reprieves, and remit fines and for- Powers, 
feitures for offenses against the laws of Porto Rico, and 


42 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


respites for offenses against the laws of the United States, 
until the decision of the President can be ascertained; he 
shall commission all officers that he may be authorized to 
appoint, and may veto any legislation enacted, as herein¬ 
after provided; he shall be the commander in chief of 
the militia, and shall at all times faithfully execute the 
laws, and he shall in that behalf have all the powers of 
governors of the Territories of the United States that are 
Report. not locally inapplicable; and he shall annually, and at 
such other times as he may be required, make official re¬ 
port of the transactions of the government in Porto Rico, 
through the Secretary of State, to the President of the 
Dunes 0 ’ which United States: Provided , That the President may, in his 
may bfass^gned discretion, delegate and assign to him such executive 
him - duties and functions as may in pursuance with law be so 

delegated and assigned. 

THE EXECUTIVE COUNCIL. 

offlcSiseS^iio ^ec. That there shall be appointed by the President, 
shan' 1 constitute by and with the advice and consent of the Senate, for the 
councii. executlve P er iod of four years, unless sooner removed by the Presi¬ 
dent, a secretary, an attorney-general, a treasurer, an 
auditor, a commissioner of the interior, and a commis¬ 
sioner of education, each of whom shall reside in Porto 
Rico during his official incumbency and have the powers 
and duties hereinafter provided for them, respectively, 
and who, together with five other persons of good repute, 
to be also appointed by the President for a like term of 
four years, by and with the advice and consent of the 
Senate, shall constitute an executive council, at least five 
—Juties. of whom shall be native inhabitants of Porto Rico, and, 

in addition to the legislative duties hereinafter imposed 
upon them as a body, shall exercise such powers and per¬ 
form such duties as are hereinafter provided for them, 
respectively, and who shall have power to employ all 
necessary deputies and assistants for the proper discharge 
of their duties as such officials and as such executive 
council; and in addition to the duties provided by section 
thirty-six of the Act of April twelfth, nineteen hundred, the 
executive council shall, from time to time, determine the 
pioyees ie! d2tri£ sa ^ a P es °f officials and assistants, appointed by the 
court/ United States district court, including the cleric and the 

interpreter, which shall be paid out of the revenues of Porto 
Rico as other salaries and expenses of lilce character are 
paid under the provisions of said Act. * (Act Mar. 2, 1901.) 
duties It, etc. ry: S EC - 19 - T ^at the Secretary shall record and preserve 
minutes of the proceedings of the executive council and 
the laws enacted by the legislative assembly and all acts 
and proceedings of the governor, and shall promulgate 
all proclamations and orders of the governor and all laws 
enacted by the legislative assembly. He shall, within 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


43 


sixty days after the end of each session of the legislative 
assembly, transmit to the President, the President of the 
Senate, the Speaker of the House of Representatives, and 
the Secretary of State of the United States one copy 
each of the laws and journals of such session. 

Sec. 20. That in case of the death, removal, resignation, ^nc e of govern¬ 
or disability of the governor, or his temporary absence or. 
from Porto Rico, the secretary shall exercise all the 
powers and perform all the duties of the governor during 
such vacancy, disability, or absence. 

Sec. 21. That the attorney-general shall have all the Attomey-gen- 
powers and discharge all the duties provided by law for eral * 
an attorney of a Territory of the United States in so far 
as the same are not locally inapplicable, and he shall per¬ 
form such other duties as may be prescribed by law, and 
make such reports, through the governor, to the Attorney- 
General of the United States as he may require, which 
shall annually be transmitted to Congress. 

Sec. 22. That the treasurer shall give bond, approved Treasurer, 
as to form by the attorney-general of Porto Rico, in such 
sum as the executive council may require, not less, how¬ 
ever, than the sum of one hundred thousand dollars, with 
surety approved by the governor, and he shall collect and 
be the custodian of the public funds, and shall disburse 
the same when appropriated by law, on warrants signed 
by the auditor and countersigned by the governor, and 
shall perform such other duties as may be prescribed by 
law, and make, through the governor, such reports to the 
Secretary of the Treasury of the United States as he may 
require, which shall annually be transmitted to Congress. 

Sec. 23. That the auditor shall keep full and accurate Auditor, 
accounts, showing all receipts and disbursements, and 
perform such other duties as may be prescribed by law, 
and make, through the governor, such reports to the Sec¬ 
retary of the Treasury of the United States as he may 
require, which shall annually be transmitted to Congress. 

Sec. 24. That the commissioner of the interior shall of Comm^oncr 
superintend all works of a public nature, and shall have 
charge of all public buildings, grounds, and lands, except 
those belonging to the United States, and shall execute 
such requirements as may be imposed b}^ law with respect 
thereto, and shall perform such other duties as may be 
prescribed by law, and make such reports through the 
governor to the Secretary of the Interior of the United 
States as he may require, which shall annually be trans¬ 
mitted to Congress. 

Sec. 25. That the commissioner of education shall of e c d ° u ^j^ oner 
superintend public instruction throughout Porto Rico, 
and all disbursements on account thereof must be approved 
by him; and he shall perform such other duties as may 
be prescribed by law, and make such reports through the 
governor as may be required by the Commissioner of 


44 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


Education of the United States, wlfich shall annually be 
transmitted to Congress. 

other members Sec. 26. That the other five members of the executive 
council- 0 duties! council, to be appointed as hereinbefore provided, shall 
etc. attend all meetings of the executive council and partici¬ 

pate in all business of every character that may be trans¬ 
acted by it; and they shall receive as compensation for 
their services such annual salaries as may be provided by 
the legislative assembly. 


HOUSE OF DELEGATES. 

Legislative Sec. 27. That all local legislative powers hereby 
Portp m Rico to granted shall be vested in a legislative assembly which 
A°ntiv* AniuTAiishall consist of two houses; one the executive council, as 

and the other a house of dele- 


ecutive council 1 n „ . , 

and house of hereinbefore constituted, 

gates, to consist of thirty-five members elected biennially 
by the qualified voters as hereinafter provided; and the 
two houses thus constituted shall be designated “The leg¬ 
islative assembly of Porto Rico.” 
dis - Sec. 28. That for the purpose of such elections Porto 
Rico shall be divided by the executive council into seven 
districts, composed of contiguous territory and as nearly 
equal as may be in population, and each district shall be 
entitled to five members of the house of delegates. 


delegates. 


Election 

tricts. 


ELECTION OF DELEGATES. 


Election 

delegates. 


of Sec. 29. That the first election for delegates shall be 
held on such date and under such regulations as to ballots 
—term of serv- and voting as the executive council may prescribe; and at 
such elections the voters of each legislative district shall 
choose five delegates to represent them in the house of 
delegates from the date of their election and qualification 
until two years from and after the first day of January 
next ensuing; of all which thirty days’ notice shall be 
given by publication in the Official Gazette, or by printed 
notices distributed and posted throughout the district, or 
q u a l i a e d by both, as the executive council may prescribe. At such 
elections all citizens of Porto Rico shall be allowed to 
vote who have been bona fide residents for one year and 
who possess the other qualifications of voters under the 
laws and military orders in force on the first day of 
March, nineteen hundred, subject to such modifications 
and additional qualifications and such regulations and 
restrictions as to registration as may be prescribed by the 
of°hSS Z of d°eL exec utive council. The house of delegates so chosen shall 
egates Use 0 e convene at the capital and organize by the election of a 
speaker, a clerk, a sergeant-at-arms, and such other offi¬ 
cers and assistants as it may require, at such time as may 
of be designated by the executive council; but it shall not 
continue in session longer than sixty days in any one 
year, unless called by the governor to meet in extraordi¬ 
nary session. The enacting clause of the laws shall be, 
“Be it enacted by the legislative assembly of Porto 
Rico;” and each member of the house of delegates shall 


Length 

session. 


Enacti ng 
clause of laws. 


Salary, 
of members. 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


45 


Bills; p a s • 
sage of, etc. 


be paid for his services at the rate of five dollars per day 
for each day’s attendance while the house is in session, 
and mileage at the rate of ten cents per mile for each mile 
necessarily traveled each way to and from each session of 
the legislative assembly. 

All future elections of delegates shall be governed by v ®?ons g dT- 
the provisions hereof, so far as they are applicable, until l inue / 1 } lnt 11 
the legislative assembly shall otherwise provide. Mature. y eg 

Sec. 30. That the house of delegates shall be the solehous°e W of 8 dele? 
judge of the elections, returns, and qualifications of itss ates - 
members, and shall have and exercise all the powers with 
respect to the conduct of its proceedings that usually 
appertain to parliamentary legislative bodies. No per- .Quaiiftca- 
son shall be eligible to membership in the house of dele-be™ ° f mem " 
gates who is not twenty-five years of age and able to read 
and write either the Spanish or the English language, or 
who is not possessed in his own right of taxable property, 
real or personal, situated in Porto Rico. 

Sec. 31. That all bills may originate in either house, 
but no bill shall become a law unless it be passed in each 
house by a majority vote of all the members belonging to 
such house and be approved by the governor within ten 
days thereafter. If, when a bill that has been passed is—approval, 
presented to the governor for signature, he approves the 
same, he shall sign it, or if not he shall return it, with his -vet0 > etc * 
objections, to that house in which it originated, which 
house shall enter his objections at large on its journal, 
and proceed to reconsider the bill. If, after such recon¬ 
sideration, two-thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the 
other house, by wdiich it shall likewise be considered, and 
if approved by two-thirds of that house it shall become a 
law. But in all such cases the votes of both houses shall 
be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered 
upon the journal of each house, respectively. If any bill 
shall not be returned by the governor within ten days 
(Sundays excepted) after it shall have been presented to 
him, the same shall be a law in like manner as if he had 
signed it, unless the legislative assembly by adjournment 
prevent its return, in which case it shall not be a law: 

Provided, however, That all laws enacted by the legislative Proviso. 
assembly shall be reported to the Congress of the United anmEws. may 
States, which hereby reserves the power and authority, if 
deemed advisable, to annul the same. 

Sec. 32. That the legislative authority herein provided a J 
shall extend to all matters of a legislative character not sc <>peof. 
locally inapplicable, including power to create, consoli¬ 
date, and reorganize the municipalities, so far as may be 
necessary, and to provide and repeal laws and ordinances 
therefor; and also the power to alter, amend, modify, and 
repeal any and all laws and ordinances of every character 
now in force in Porto Rico, or any municipality or dis¬ 
trict thereof not inconsistent with the provisions hereof: 


46 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


G r r ?n 0 t O f Provided, however, That all grants of franchises, # rights, 
franchises.' and privileges or concessions of a public or quasi-public 
nature shall be made by the executive council, with the 
approval of the governor, and all franchises granted in 
Porto Rico shall be reported to Congress, which hereby 
reserves the power to annul or modify the same. 
be F a an< roved b° All railroad, street railway, telegraph and telephone 
president' e 7 franchises, privileges or concessions granted under sec¬ 
tion thirty-two of said Act shall be approved by the Presi¬ 
dent of the United States, and no such franchise, privilege , 
or concession shall be operative until it shall have been 
so approved. 

qinred iS in nS char- franchises, privileges or concessions granted under 

ters granting, section thirty-two of said Act shall provide that the same 
shall be subject to amendment, alteration, or repeal; shall 
forbid the issue of stock or bonds, except in exchange for 
actual cash, or property at a fair valuation, equal in 
amount to the par value of the stock or bonds issued; shall 
forbid the declaring of stock or bond dividends; and, in 
the case of public-service corporations, shall provide for the 
effective regulation of the charges thereof and for the pur- 
Functions 0 fihase or taking by the public authorities of their property 
cor U po rations at a fair and reasonable valuation. No corporation shall 
limited. j )e au tJi 0r i 2 ed to conduct the business of buying and selling 

real estate or be permitted to hold or ow s n real estate except 
such as may be reasonably necessary to enable it to carry 
out the purposes for which it was created, and every cor¬ 
poration hereafter authorized to engage in agriculture shall 
by its charter be restricted to the ownership and control of 
not to exceed five hundred acres of land; and this provision 
shall be held to prevent any member of a corporation 
engaged in agriculture from being in any wise interested 
in any other corporation engaged in agricultur-e. Corpo¬ 
rations, however, may loan funds upon real estate security, 
and purchase real estate when necessary for the collection 
of loans, but they shall dispose of real estate so obtained 
within jive years after receiving the title. Corporations 
not organized in Porto Rico, and doing business therein, 
shall be bound by the provisions of this section so far as 
they are applicable. (Joint resolution May 1, 1900.) 


The j u d i c i- 
ary. 


THE JUDICIARY. 


Established 
courts contin¬ 
ued. 


Sec. 33. That the judicial power shall be vested in the 
courts and tribunals of Porto Rico as already established 
and now in operation, including municipal courts, under 
and by virtue of General Orders, Numbered One hundred 
and eighteen, as promulgated by Brigadier-General Davis, 
.United States Volunteers, August sixteenth, eighteen 
hundred and ninety-nine, and including also the police 
courts established by General Orders, Numbered One 
hundred and ninety-five, promulgated November twenty- 
ninth, eighteen hundred and ninety-nine, by Brigadier- 
General Davis, United States Volunteers, and the laws 
and ordinances of Porto Rico and the municipalities 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


47 


thereof in force, so far as the same are not in conflict here¬ 
with, all which courts and tribunals are hereby continued. 

The jurisdiction of said courts and the form of procedure and U ?riid^ on 
in them, and the various officials and attaches thereof, 
respectively, shall be the same as defined and prescribed 
in and by said laws and ordinances, and said General 
Orders, Numbered One hundred and eighteen and One 
hundred and ninety-five, until otherwise provided by 
law: Provided , however, That the chief justice and asso- Appofntment 
ciate justices of the supreme court and the marshal thereof ? f territorial 
shall be appointed by the President, by and with the JU 1<aa ° cers * 
advice and consent of the Senate, and the judges of the 
district courts shall be appointed by the governor, by and 
with the advice and consent of the executive council, 
and all other officials and attaches of all the other courts 
shall be chosen as may be directed by the legislative 
Assembly, which shall have authority to legislate from i a t^°re Tn 0 regfrd 
time to time as it may see fit with respect to said courts, t0 courts, 
and any others they may deem it advisable to establish, 
their organization, the number of judges and officials and 
attaches for each, their jurisdiction, their procedure, and 
all other matters affecting them. 

Sec. 34. That Porto Rico shall constitute a judicial dis- trict d estabiishedl 
trict to be called “ the district of Porto Rico.” The Presi- Fed n ra i iudi- 
dent, by and with the advice and consent of the Senate, 
shall appoint a district judge, a district attorney, and a 
marshal for said district, each for a term of four years, 
unless sooner removed by the President. The district 
court for said district shall be called the district court of 
the United States for Porto Rico and shall have power 
to appoint all necessary officials and assistants, including _officers - 
a clerk, an interpreter, and such commissioners as may be 
necessary, who shall have like power and duties as are_. . 
exercised and performed by commissioners of the circuit Juns lctlon ‘ 
courts of the United States. 

The commissioners appointed, as provided in section states commfs- 
thirty-four of said Act approved April twelfth, nineteen sioneTS - 
hundred, shall be entitled to the fees provided for United 
States commissioners: Provided, That payments of fees p^ents of 
and expenses, heretofore made in good faith by the United united ^states 
States district marshal, either from funds advanced to him allowed. mars 
by the United States or by Porto Rico, may be allowed by the 
accounting officers of the United States or the accounting 
officers of Porto Rico , as the case may be, in the settlement of 
his accounts. (Act Mar. 2, 1901.) 

And (the court) shall have, in addition to the ordi¬ 
nary jurisdiction of district courts of the United States, 
jurisdiction of all cases cognizant in the circuit courts of 
the United States, and shall proceed therein in the same -procedure- 
manner as a circuit court. 

The jurisdiction of the district court of the United States o/Srict 0 court 
for Porto Rico in civil cases shall, in addition to that con-™ tended. 
ferred by the Act of April twelfth, nineteen hundred, extend 
to arid embrace controversies where the parties, or either of 
them, are citizens of the United States, or citizens or subjects 


cial officers. 


District court. 


48 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


—terms of court. 


Proce e d i n g s 
to be in English. 


District court 
expenses paya¬ 
ble from Porto 
Rican revenues, 
etc. 


—disposition of 
fees earned. 


Jurors’ and 
witnesses’ mile- 


Proviso. 

No double 
mileage fees. 


Jurors in 
Federal courts. 


Qualifications. 


Provisos. 

Exemptions. 


Selection. 


District court 
to succeed pro¬ 
visional court, 
etc. 


of a foreign State or States, wherein the matter in dispute 
exceeds, exclusive of interest or costs, the sum or value of one 
thousand dollars. (Act Mar. 2, 1901.) 

The laws of the United States relating to appeals, 
writs of error and certiorari, removal of causes, and other 
matters and proceedings as between the courts of the 
United States and the courts of the several States shall 
govern in such matters and proceedings as between the 
district court of the United States and the courts of Porto 
Rico. Regular terms of said court shall be held at San 
Juan, commencing on the second Monday in April and 
October of each year, and also at Ponce on the second 
Monday in January of each year, and special terms may 
be held at Mayaguez at such other stated times as said 
judge may deem expedient. All pleadings and proceed¬ 
ings in said court shall be conducted in the English lan¬ 
guage. 

Such fees and expenses as are payable by the United 
States, if earned or incurred in connection with a circuit or 
district court of the United States, shall be paid from the 
revenues of Porto Rico, if earned or incurred in connection 
with the district court of the United States for Porto Rico. 
All such fees, fines, costs, and forfeitures as would be depos¬ 
ited to the credit of the United States, if collected and paid 
into a circuit or district court of the United States, shall 
become revenues of Porto Rico, if collected and paid into the 
district court of the United States for Porto Rico. (Act 
Mar. 2, 1901.) 

Jurors and witnesses in the United States district court 
of Porto Rico shall be entitled to and receive fifteen cents for 
each mile necessarily traveled over any stage line or by pri¬ 
vate conveyance and ten cents for each mile over any railway 
in going to and returning from said courts: Provided, That 
no constructive or double mileage fees shall be allowed by 
reason of any person being summoned both as witness and 
juror, or as witness in two or more cases pending in the 
same court and triable at the same term thereof. (Act Mar. 
2, 1901.) 

The qualifications of jurors as fixed by the local laws of 
Porto Rico shall not apply to jurors selected to serve in the 
district court of the United States for Porto Rico , but the 
qualifications required of jurors in said court shall be that 
each shall be of the age of twenty-one years and not over 
sixty-five years, a resident of Porto Rico for not less than 
one year, and having a sufficient knowledge of the English 
language to enable him to duly serve as a juror: Provided, 
That the exemption from jury duty allowed by the local law 
shall be respected by the court when insisted upon by venire¬ 
men: And provided further, That the juries for said court shall 
always be selected and drawn in accordance with the laws of 
Congress regulating the same in the United States courts. 
(Act June 25, 1906.) 

The United States district court hereby established 
shall be the successor to the United States provisional 
court established by General Orders, Numbered Eighty- 


ORGANIC ACTS TOR HAWAII AND PORTO RICO. 


49 


eight, promulgated by Brigadier-General Davis, United 
States Volunteers, and shall take possession of all records 
of that court, and take jurisdiction of all cases and pro¬ 
ceedings pending therein, and said United States pro¬ 
visional court is hereby discontinued. 

Sec. 35. That writs of error and appeals from the final Appm* to sj- 
decisions of the supreme court of Porto Rico and the dis-u. e s! e ° ur 
trict court of the United States shall be allowed and may 
be taken to the Supreme Court of the United States in 
the same manner and under the same regulations and in 
the same cases as from the supreme courts of the Terri¬ 
tories of the United States; and such writs of error and_ W hen allowed, 
appeal shall be allowed in all cases where the Constitu¬ 
tion of the United States, or a treaty thereof, or an Act 
of Congress is brought in question and the right claimed 
thereunder is denied; and the supreme and district courts Habeas cor- 
of Porto Rico and the respective judges thereof may grant p us> etc - 
writs of habeas corpus in all cases in which the same are 
gran table by the judges of the district and circuit courts 
of the United States. All such proceedings in the Su¬ 
preme Court of the United States shall be conducted in 
the English language. 

Sec. 36. That the salaries of all officials of Porto Ri co ries of 
not appointed by the President, including deputies, as¬ 
sistants, and other help, shall be such, and be so paid out 
of the revenues of Porto Rico, as the executive council 
shall from time to time determine; and in addition to the 
duties 'provided by section thirty-six of the Act of April 
twelfth, nineteen hundred, the executive council shall, 
from time to time, determine the salaries of all officials and hfcTco°u y rt es dls " 
assistants, appointed by the United States district court, 
including the clerk and the interpreter, which shall be paid 
out of the revenues of Porto Rico as other salaries amd expen¬ 
ses of like character are paid under the provisions of said 
Act (Act Mar. 2, 1901): Provided, however. That the salary Proviso. 
of no officer shall be either increased or diminished during t S U ita| 
his term of office. The salaries of all officers and all incumbenc y- 
expenses of the offices of the various officials of Porto 
Rico, appointed as herein provided by the President, in¬ 
cluding deputies, assistants, and other help, shall also be 
paid out of the revenues of Porto Rico on the warrant of —payable, etc. 
the auditor, countersigned by the governor. 

The annual salaries of the officials appointed by the 
President, and so to be paid, shall be as follows: 

The governor, eight thousand dollars; in addition^aiarfes^fgov- 
thereto he shall be entitled to the occupancy of the build- etc. 
ings heretofore used by the chief executive of Porto Rico, 
with the furniture and effects therein, free of rental. 

The secretary, four thousand dollars. 

The attorney-general, four thousand dollars. 

The treasurer, five thousand dollars. 

The auditor, four thousand dollars. 

The commissioner of the interior, four thousand dollars. 

The commissioner of education, [three] four thousand (Act Mar. 2, 
dollars. 

8210—07-4 


50 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


Municipal sal¬ 
aries and expen¬ 
ses, how paid. 


No export 
duties. 

L e g i s 1 a t ure 
may tax, etc. 


Bond issues, 
etc. 


Proviso. 

—limit. 


Resident com- 
missioner to 
United States. 


Proviso. 

—qualifications. 


The chief justice of the supreme court, five thousand 
dollars. 

The associate justices of the supreme court (each), four 
thousand five hundred dollars. 

The marshal of the supreme court, three thousand 
dollars. 

The United States district judge, five thousand 
dollars. 

The United States district attorney, four thousand 
dollars. 

The United States district marshal, three thousand 
five hundred dollars. 

Sec. 37. That the provisions of the foregoing section 
shall not apply to the municipal officials. Their salaries 
and the compensation of their deputies, assistants, and 
other help, as well as all other expenses incurred by the 
municipalities, shall be paid out of the municipal reve¬ 
nues in such manner as the legislative assembly shall 
provide. 

Sec. 38. That no export duties shall be levied or col¬ 
lected on exports from Porto Rico; but taxes and assess¬ 
ments on property, and license fees for franchises, priv¬ 
ileges, and concessions may be imposed for the purposes 
of the insular and municipal governments, respectively, 
as may be provided and defined by act of the legislative 
assembly; and where necessary to anticipate taxes and 
revenues, bonds and other obligations may be issued by 
Porto Rico or any municipal government therein as may 
be provided by law to provide for expenditures author¬ 
ized by law, and to protect the public credit, and to re¬ 
imburse the United States for any moneys which have 
been or may be expended out of the emergency fund of 
the War Department for the relief of the industrial con¬ 
ditions of Porto Rico caused by the hurricane of August 
eighth, eighteen hundred and ninety-nine: Provided , 
however , That no public indebtedness of Porto Rico or 
of any municipality thereof shall be authorized or al¬ 
lowed in excess of seven per centum of the aggregate tax 
valuation of its property. 

Sec. 39. That the qualified voters of Porto Rico shall, 
on the first Tuesday after the first Monday of November, 
anno Domini nineteen hundred, and every two years 
thereafter, choose a resident commission r to the United 
States, who shall be entitled to official recognition as 
such by all Departments, upon presentation to the De¬ 
partment of State of a certificate of election of the gov¬ 
ernor of Porto Rico, and who shall be entitled to a salary, 
payable monthly by the United States, at the rate of five 
thousand dollars per annum: Provided, That no person 
shall be eligible to such election who is not a bona fide 
citizen of Porto Rico, who is not thirty years of age, and 
who does not read and write the English language. 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


51 


The resident commissioner from Porto Rico to the United 
States, provided for by section thirty-nine of the Act of 
April twelfth, nineteen hundred, entitled “ An Act tem¬ 
porarily . to provide revenues and a civil government for 
Porto Rico, and for other purposes,” shall be entitled, in 
addition to his salary as now fixed by law, to his actual 
expenses in traveling to and from Porto Rico once annu¬ 
ally, and his term of office shall commence on the fourth 
day of March next succeeding the date of his election; and 
the term of office of the present incumbent is hereby ex¬ 
tended to the third day of March, nineteen hundred and 
three. (Act July 1 , 1902.) 

Sec. 40. That a commission, to consist of three mem¬ 
bers, at least one of whom shall be a native citizen of Porto 
Rico, shall be appointed by the President, by and with the 
advice and consent of the Senate, to compile and revise the 
laws of Porto Rico; also the various codes of procedure 
and systems of municipal government now in force, and to 
frame and report such legislation as may be necessary to 
make a simple, harmonious, and economical government, 
establish justice and secure its prompt and efficient admin¬ 
istration, inaugurate a general system of education and 
public instruction, provide buildings and funds therefor, 
equalize and simplify taxation and all the methods of 
raising revenue, and make all other provisions that may 
be necessary to secure and extend the benefits of a repub¬ 
lican form of government to all the inhabitants of Porto 
Rico; and all the expenses of such commissioners, includ¬ 
ing all necessary clerks and other assistants that they may 
employ, and a salary to each member of the commission 
at the rate of five thousand dollars per annum, shall be 
allowed and paid out of the treasury of Porto Rico as a 
part of the expenses of the government of Porto Rico. 
And said commission shall make full and final report, in 
both the English and Spanish languages, of all its revi¬ 
sions, compilations, and recommendations, with explan¬ 
atory notes as to the changes and the reasons therefor, to 
the Congress on or before one year after the passage of 
this Act. 

Sec. 41. That this Act shall take effect and be in force 
from and after the first day of May, nineteen hundred. 

Approved, April 12, 1900. 


Resident com¬ 
missioner. 

Traveling ex¬ 
penses. 


Term of office 
extended. 


Commission to 
report on perma¬ 
nent system of 
government, etc. 


—expenses. 


—to report with¬ 
in a year. 


Effect. 












































APPENDIX, 

IN WHICH ARE INCLUDED ALL ACTS, IN THEIR ENTIRETY (EXCEPT THOSE 
SIMPLY MAKING APPROPRIATIONS TO CARRY OUT EXISTING LAW), 

IN ANY WISE AFFECTING HAWAII, PORTO RICO, GUAM, AND 
TUTUILA, BEGINNING WITH THE FIFTY-SIXTH CONGRESS, 

FIRST SESSION, AND ENDING WITH THE FIFTY- 
NINTH CONGRESS, FIRST SESSION. 


53 






























































' » 
























- 



























































































































































HAWAII. 


[Public —No. 126.] 

AN ACT To provide for officers in the customs district of Hawaii. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That there shall be in 
the customs district of Hawaii one collector, who shall reside at Hono¬ 
lulu, and who shall receive a salary of four thousand dollars per 
annum, and such deputy collectors and other customs officers as the 
Secretary of the Treasury shall deem necessary. 

Approved, May 26, 1900. 


[Public —No. 133.] 

AN ACT To facilitate the entry of steamships engaged in the coasting trade between 
Porto Rico and the Territory of Hawaii and the United States. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the provisions of 
the Act of June fifth, eighteen hundred and ninety-four, entitled “An 
Act to facilitate the entry of steamships/’ are hereby extended to 
steamships engaged in trading between ports of Porto Rico and the 
Territory of Hawaii and those of the United States. 

Approved, May 31, 1900. 


[Public Resolution— No. 28 .] 

JOINT RESOLUTION Withdrawing certain lands on the island of Oahu, Hawaii, 
from the public domain. 

Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the following described 
lands lying and being situate in the city of Honolulu, Hawaiian 
Islands, heretofore used as a mausoleum for the royal family of 
Hawaii, to wit: The mausoleum premises, beginning at the north cor¬ 
ner of said lot, on the southeast side of Nuuanu street, the same being 
the west corner of L. C. A. six hundred and eighty-two, to M. Kekua- 
naoa, as shown on government survey’s registered map numbered 
eight hundred and thirty-eight, and running by true bearings: South 
forty degrees twenty minutes east three hundred and ninety-six feet 
along L. C. A. six hundred and eighty-two, to Kekuanaoa; south 
twenty-five degrees twenty-eight minutes west two hundred and fifty- 

55 





56 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


eight feet, to stone wall; north thirty-four degrees twenty-two min¬ 
utes west seventy-two and nine-tenths feet, along L. C. A. ten thou¬ 
sand six hundred and five ap two, to Piikoi; north fifty-seven degrees 
fifteen minutes west one hundred and six feet along L. C. A. ten thou¬ 
sand six hundred and five ap two, to Piikoi; north sixty-two degrees 
ten minutes west two hundred and sixty-six and five-tenths feet along 
L. C. A. ten thousand six hundred and five ap two, to Piikoi, and 
L. C. A. seven hundred and eighty-five, to J. Robinson; north thirty- 
six degrees forty minutes east three hundred and sixty-seven feet along 
Nuuanu street to initial point; area, one hundred and nineteen thou¬ 
sand six hundred and ten square feet, be withdrawn from sale, lease, 
or other disposition under the public-land laws of the United States. 

Approved, May 31, 1900. 


[Public —No. 176.] 

AN ACT To amend section fifty-one hundred and fifty-three of the Revised Statutes 
of the United States. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section fifty- 
one hundred and fifty-three of the Revised Statutes of the United 
States be amended to read as follows: 

“Sec. 5153. All national banking associations, designated for that 
purpose by the Secretary of the Treasury, shall be depositaries of 
public money, except receipts from customs, under such regulations 
as may be prescribed by the Secretary, but receipts derived from 
duties on imports in Alaska, the Hawaiian Islands, and other islands 
under the jurisdiction of the United States may be deposited in such 
depositaries subject to such regulations; and such depositaries may 
also be employed as financial agents of the Government; and they 
shall perform all such reasonable duties as depositaries of public 
moneys and financial agents of the Government as may be required of 
them. The Secretary of the Treasury shall require the associations 
thus designated to give satisfactory security, by the deposit of United 
States bonds and otherwise, for the safe-keeping and prompt payment 
of the public money deposited with them, and for the faithful per¬ 
formance of their duties as financial agents of the Government. And 
every association so designated as receiver or depositary of the pub¬ 
lic money shall take and receive at par all of the national currency 
bills, by whatever association issued, which have been paid into the 
Government for internal revenue or for loans or stocks.” 

Approved, March 3, 1901. 


[Public —No. 163.] 

AN ACT To provide for subports of entry and delivery in the Territory of Hawaii. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That such places 
in the customs district of the Territory of Hawaii as the Secretary of 




ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


57 


the Treasury may from time to time designate shall be subports of 
entry and delivery, and customs officers shall be stationed at such sub¬ 
ports with authority to enter and clear vessels, receive duties, fees, and 
other moneys, and perform such other services and receive such com¬ 
pensation as in the judgment of the Secretary of the Treasury the 
exigencies of commerce may require: Provided, however, That the 
Secretary of the Treasury be, and he is hereby, authorized and em¬ 
powered to discontinue such subports of entry or delivery whenever 
in his judgment there is necessity for such action. 

Approved, March 3, 1901. 


[Public —No. 118.] 

AN ACT To apportion the term of office of senators elected at the first general 
election in the Territory of Hawaii. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled , That the several senators 
elected in the First, Second, Third, and Fourth senatorial districts at 
the first general election held in the Territory of Hawaii shall, except 
as hereinafter provided, each hold office for the term of four years 
from the date of such election. 

Sec. 2. That for the First senatorial district N. Russell and J. D. 
Paris shall each hold office as a senator for such district for the term 
of two years. 

That for the Second senatorial district William White shall hold 
office as a senator for such district for the term of two years. 

That for the Third senatorial district D. Kanulia, George R. Car¬ 
ter, and William C. Achi shall each hold office as a senator for such 
district for the term of two years. 

That for the Fourth senatorial district I. H. Kahilina shall hold 
office as a senator for such district for the term of two years. 

Approved, May 19, 1902. 


[Public —No. 25.] 

AN ACT Relating to Hawaiian silver coinage and silver certificates. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the silver coins that were 
coined under the laws of Hawaii, when the same are not mutilated 
or abraded below the standard of circulation, shall be received at the 
par of their face value in payment of all dues to the government of 
the Territory of Hawaii and of the United States, and the same shall 
not again be put into circulation, but they shall be recoined in the 
mints as United States coins. 

Sec. 2. That when such coins have been received by either Govern¬ 
ment they shall be transmitted to the mint at San Francisco, in sums 
of not less than five hundred dollars, to be recoined into subsidiary 
silver coins of the United States, the expense of transportation to be 
paid by the United States. 

Sec. 3. That any collector of customs or of internal revenue of the 
United States in the Hawaiian Islands shall, if he is so directed by 




58 ORGANIC ACTS FOR HAWAII AND PORTO RICO. 

the Secretary of the Treasury, exchange standard silver coins of the 
United States that are in his custody as such collector with the gov¬ 
ernment of Hawaii, or with any person desiring to make such ex¬ 
change, for coins of the government of Hawaii, at their face value 
when the same are not abraded below the lawful standard of circula¬ 
tion, and the Treasurer of the United States, under the direction of 
the Secretary of the Treasury, is authorized to deposit such silver 
coins of the United States as shall be necessary with the collector of 
customs or of internal revenue at Honolulu or at any Government 
depository for the purpose of making such exchange under such regu¬ 
lations as he may prescribe. 

Sec. 4. That any silver coins struck by the government of Hawaii 
that are mutilated or abraded below such standard may be presented 
for recoinage at any mint in the United States by the person owning 
the same, or his or her agents, in sums of not less than fifty dollars, 
and such owner shall be paid for such coins by the superintendent of 
the mint the bullion value per troy ounce of the fine silver they con¬ 
tain in standard silver coin of the United States, and such bullion 
shall be coined into subsidiary coinage of the United States. 

Sec. 5. That silver coins heretofore struck by the government of 
Hawaii shall continue to be legal tender for debts in the Territory 
of Hawaii, in accordance with the laws of the Republic of Hawaii, 
until the first day of January, nineteen hundred and four, and not 
afterwards. 

Sec. 6. That any silver certificates heretofore issued by the gov¬ 
ernment of the Hawaiian Islands, intended to be circulated as money, 
shall be redeemed by the Territorial government of Hawaii on or be¬ 
fore the first day of January, nineteen hundred and five, and after 
said date it shall be unlawful to circulate the same as money. 

Sec. 7. That nothing in this Act contained shall bind the United 
States to redeem any silver certificates issued by the government of 
Hawaii, or any silver coin issued by such government, except in the 
manner and upon the conditions stated in this Act for the recoinage 
of Hawaiian silver. 

Sec. 8. That the sum of ten thousand dollars, or so much thereof 
as may be necessary, is hereby appropriated, from any moneys in the 
Treasury of the United States not otherwise appropriated, for the 
payment of the expenses of transporting said coins from the Ha¬ 
waiian Islands to the mint at San Francisco, and a return of a like 
amount in the subsidiary coins of the United States to the Hawaiian 
Islands. 

Approved, January 14, 1903. 


[Public—N o. 35.] 

AN ACT To pay in part judgments rendered under an act of the legislative assembly 
of the Territory of Hawaii for property destroyed in suppressing the bubonic plague 
in said Territory in eighteen hundred and ninety-nine and nineteen hundred, and 
authorizing the Territory of Hawaii to issue bonds for the payment of the remaining 
claims. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the sum of one 
million dollars is hereby appropriated, out of any money in the Treas- 



ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


59 


urv not otherwise appropriated, to pay in part the judgments ren¬ 
dered under an act of the legislative assembly of the Territory of 
Hawaii by the fire claims commission of that Territory for property 
destroyed in the suppression of the bubonic plague in'said Territory 
in the years eighteen hundred and ninety-nine and nineteen hundred.. 

Sec. 2. That the governor and secretary of said Territory are 
hereby authorized to issue the bonds of that Territory in such sum, 
not exceeding five hundred thousand dollars, as, together with the 
money hereby appropriated, may be sufficient to pay all of said judg¬ 
ments. Said bonds shall be payable in gold coin of the United States 
of America of the present standard weight and fineness, shall bear 
interest at the rate of four per centum per annum, payable semi¬ 
annually, and be redeemable in not less than five years and payable in 
not more than fifteen years from the date of issuance. The prin¬ 
cipal and interest of all bonds shall be exempt from any and all taxes, 
and the payment thereof shall constitute a charge on the revenues of 
the Territory of Hawaii. Said bonds shall be sold at not less than 
their face value, and the proceeds thereof shall be applied to the pay¬ 
ment of the judgments aforesaid and to no other purpose, and they 
shall be of such form and denominations and be issued and sold under 
such rules and regulations as the Secretary of the Interior shall 
prescribe. 

Sec. 3. That under no circumstances shall any such judgment 
claimant, or anyone claiming through him, be required to pay, nor 
shall any attorney or agent be entitled to charge, demand, or receive, 
directly or indirectly, more than ten per centum upon the amount 
recovered as compensation for services or labor of any kind or char¬ 
acter in the prosecution or establishment of the claim, and in cases 
of contracts or agreements providing for payment of less than ten per 
centum the payment shall not be increased above the percentage so 
agreed upon. Before any such judgment shall be paid hereunder the 
governor of said Territory must certify that the same is genuine and 
was duly rendered in pursuance of the act of the legislative assembly 
of the Territory; and the payment of said judgments shall be in full 
satisfaction and discharge of any and all claims or demands against 
said Territory or the United States on account of any property de¬ 
stroyed in the said suppression of the bubonic plague. 

Sec. 4. That this Act shall take effect from and after its passage. 

Approved, January 26, 1903. 


[Public— No. 93.] 

AN ACT To amend section seventy-six of an Act entitled “An Act.to provide a 
government for the Territory of Hawaii.” 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section sev¬ 
enty-six of an Act entitled “ An Act to provide a government for the 
Territory of Hawaii,” approved April thirtieth, nineteen hundred, 
be, and "the same is hereby, amended to read as follows: 

Sec. 76. That there shall be a superintendent of public instruction, 
who shah have the powers and perform the duties conferred upon 



60 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


and required of the minister of public instruction by the laws of Ha¬ 
waii as amended by the Act, and subject to modification by the legis¬ 
lature. 

“It shall be the duty of the United States Commissioner of Labor 
to collect, assort, arrange, and present in reports in nineteen hundred 
and five, and every five years thereafter, statistical details relating to 
all departments of labor in the Territory of Hawaii, especially in re¬ 
lation to the commercial, industrial, social, educational, and sanitary 
condition of the laboring classes, and to all such other subjects as Con¬ 
gress may by law direct. The said Commissioner is especially charged 
to ascertain the highest, lowest, and average number of employees 
engaged in the various industries in the Territory, to be classified as to 
nativity, sex, hours of labor, and conditions of employment, and to 
report the same to Congress.” 

Approved, April 8, 1904. 


[Public— No. 128.] 

AN ACT To ratify, approve, confirm, and amend an act duly enacted by the legis¬ 
lature of the Territory of Hawaii to authorize and provide for the manufacture, 
distribution, and supply of electric light and power on the island of Oahu, Territory 
of Hawaii. 

Whereas the legislature of the Territory of Hawaii did, by an act 
duly passed at the nineteen hundred and three session thereof, grant 
to the Hawaiian Electric Company, Limited, a special franchise and 
special privileges for the purpose of maintaining and operating an 
electric light and power system on the island and Territory afore¬ 
said; and 

Whereas the governor of said Territory did approve said act on the 
twenty-eighth day of April, nineteen hundred and three; and 

Whereas the Act to provide a government for the Territory of 
Hawaii, duly passed by the Congress of the United States on the 
twenty-seventh day of April, nineteen hundred, and approved on the 
thirtieth day of April, nineteen hundred, provides that the legislature 
of the Territory of Hawaii shall not grant to any corporation, asso¬ 
ciation, or individual any special privilege or franchise without the 
approval of the Congress of the United States: Now, therefore, 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Congress 
of the United States of America does hereby ratify, approve, con¬ 
firm, and amend that certain act, duly enacted by the legislature of 
the Territory of Hawaii at the nineteen hundred and three session 
thereof, known and designated as Act Numbered Forty-eight of the 
law T s of the Territory of Hawaii, session of nineteen hundred and 
three, the said act last mentioned being an act entitled “An act to 
authorize and provide for the manufacture, maintenance, distribu¬ 
tion, and supply of electric light and power on the island of Oahu, 
Territory of Hawaii,” and that the said act last mentioned be modi¬ 
fied, and as so modified is hereby ratified, approved, and c nfirmed, 
so as to read as follows: 



ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


61 


“Act Numbered Forty-eight. 

“An act to authorize and provide for the manufacture, mainte¬ 
nance, distribution, and supply of electric light and power in the 
district of Honolulu, island of Oahu, Territory of Hawaii. 

“Whereas, pursuant to a franchise granted by the government of 
the Hawaiian Islands, the Hawaiian Electric Company, Limited, has 
constructed and developed an electric light and power system on the 
island of Oahu, Territory of Hawaii; and 

“Whereas said company is at the present time supplying light and 
power to the inhabitants of the said district of Honolulu, island of 
Oahu; and 

“Whereas said franchise expires on the third day of May, nineteen 
hundred and three: Now, therefore, 

“Be it enacted by the legislature of the Territory of Hawaii: 

“definitions. 

“Section 1 . The following words and phrases, wherever they are 
used or appear in this act, shall, unless the same be clearly inconsist¬ 
ent with the context, be construed to mean and be held to have the 
force and effect as follows: 

“ (a) The ‘company 7 shall mean, include, and represent the Ha¬ 
waiian Electric Company, Limited, and its successors and assigns. 

“(b) ‘Honolulu/ or ‘district of Honolulu/ shall refer to, include, 
and mean all that portion of the island of Oahu included m the taxa¬ 
tion, educational, and judicial district now defined by law as ‘Hono¬ 
lulu district/ or the ‘district ot Honolulu. 7 

“Sec. 2. The right is hereby granted to the Hawaiian Electric 
Company, Limited, as a body corporate under that or such other name 
as the said company may hereafter adopt, and its successors and as¬ 
signs, to manufacture, sell, furnish, and supply electric light, electric 
current, or electric power in the district of Honolulu, on the island of 
Oahu, Territory of Hawaii, for lighting the streets, roads, public or 
private buildings, or for motive power, or for any other purpose 
which it or they may deem advisable, and from time to time, for the 
purposes above mentioned, to construct, maintain, and operate suit¬ 
able poles, lines, wires, cables, lamps, lamp-posts, conductors, con¬ 
duits, and such other appliances and appurtenances as may from time 
to time be necessary for the transmission, distribution, or supply of 
electricity to consumers thereof, under, along, upon, and over the 
streets, sidewalks, roads, squares, bridges, alleys, and lanes in said 
district of Honolulu, and to connect the said lines, wires, and con¬ 
ductors with any manufactory, private or public buildings, lamp, 
lamp-posts, or other structure or object with the place of supply. 

“buildings and stations. 

“Sec. 3. Said company shall also have the right to maintain and 
operate its present light and power station on the corner of Halekau- 
wila and Alakea streets, in said Honolulu, and also to construct, 
maintain, and operate, at such points as may from time to time be 
necessary, light and power stations or houses, or such other buildings 
and structures as may be necessary and proper, and to use machinery 
therein for the purposes of the company. 


62 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


“ METERS, RATES, AND CHARGES. 

“Sec. 4. Said company shall also have the right to maintain, oper¬ 
ate, and use electric meters or other means of measuring electric light, 
power, or current supplied from time to time, and to locate the same 
at such places as may be deemed necessary for their protection; and 
said company shall also have the right to charge, receive, and collect 
from all consumers of electricity such reasonable prices as may from 
time to time be fixed and determined by the company, but such charge 
shall not at any time exceed seventeen cents per kilowatt hour or one 
thousand watt hours: Provided, however, That the company shall 
have the right to charge, receive, and collect from each consumer of 
electricity for lighting the sum of two dollars per month, and from 
each consumer of electricity for power the sum of one dollar per 
month per horsepower of apparatus connected to the service of the 
company: Provided, That power is hereby conferred upon the courts 
of appropriate jurisdiction at all times and upon the petition of any 
consumer or the company to hear and determine from time to time 
what rate or rates are reasonable, and to enforce the same by appro¬ 
priate judgment or decree. 


“connections. 

“Sec. 5. Said company shall also have the right to charge con¬ 
sumers, or applicants for the use of electricity, for one-half of the cost 
and expense of making connections between the company’s main 
lines and the premises where the electricity is to be used; such cost 
and expense to include the price of all wires, poles, insulators, and 
other materials, and labor necessary to be used in making such con¬ 
nections: Provided, however, That the company shall not be required 
to make, construct, or maintain said connections as aforesaid for sup¬ 
plying light or power unless the applicant or applicants for such light 
or power, if required, shall deposit in advance with the company a 
sum of money sufficient to pay one-half of the cost and expense of 
making and constructing such connections and for current for the 
period of one month. 

“Sec. 6. The company shall not be required to extend, construct, 
or maintain its main lines beyond a distance of three hundred feet 
unless there be an applicant for each three hundred feet of extension 
or fraction thereof, and unless each applicant shall, in addition to the 
other requirements in this act provided, agree to take, install, and 
maintain five sixteen-candlepower lights or one horsepower of power 
apparatus for not less than one year: Provided, however, That if the 
company is unable to furnish power or light applied for by reason of 
lack of capacity of the apparatus for producing electricity, the com¬ 
pany shall be allowed a reasonable time, not to exceed nine months 
from the date of any application, to procure such additional appa¬ 
ratus as may be necessary to furnish such applicant. 

“SUPPLY OF ELECTRICITY. 

“Sec. 7. The company shall have the right to discontinue or cut off 
the supply of electricity to any consumer who shall refuse or fail to 
pay the amount due for electricity supplied by said company within 





ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


63 


such reasonable time as said company may fix for the payment of the 
same, and such discontinuance of service or supply of electricity shall 
not prejudice the right of the company to any remedies now or which 
may hereafter be authorized by law for the recovery and collection 
of said amount. 

“ RULES AND REGULATIONS. 

11 Sec. 8. The'superintendent of public works is hereby authorized 
to make, and from time to time to change, amend, or add to, reason¬ 
able rules regulating the placing of poles and wires, and the insulation 
of wires and apparatus carrying the electric current, and the mainte¬ 
nance in good repair of all poles, wires, and apparatus, and generally 
concerning the manufacture and supply of electricity, which may be 
necessary or proper for the public safety and welfare. 

“No person, firm, or corporation shall be allowed to place or main¬ 
tain poles or wires along, upon, or across any public street except such 
as are authorized by the superintendent of public works. Any per¬ 
son violating this provision last above mentioned shall, upon convic¬ 
tion, be deemed guilty of a misdemeanor and be punished by a fine 
of not exceeding fifty dollars or by imprisonment not exceeding three 
months. The superintendent of public works may at any time cause 
such poles or wires to be removed at the expense of the person, firm, 
or corporation placing them or causing them to be placed in such 
position. 

“If at any time the company, after reasonable notice given to it in 
writing, shall fail to observe or execute the rules and regulations 
hereinbefore provided for, relative to the placing of poles and wires, 
the insulation of wires and apparatus carrying electric current, and 
the repair of all poles and apparatus, the superintendent of public 
works shall, after giving the company reasonable notice thereof in 
writing of his intention so to do, proceed to remedy such failure, and 
the cost of such repairs or changes may be recovered from the com¬ 
pany by the Territory. 

“ SUPERVISION. 

“Sec. 9. The entire plant, operation, books, and accounts of the 
company shall at all times be subject to the inspection of the superin¬ 
tendent of public works or other officer appointed by him for that 
purpose. 

“PAYMENTS TO THE GOVERNMENT. 

“Sec. 10. The said company shall, within one month after the 
expiration of each year, file with the superintendent erf public works 
a statement showing the gross receipts from the sale of electric light 
and power furnished by the company, and shall at the same time pay 
to the superintendent of public works two and one-half per centum of 
the gross receipts of the company from all electric light or power 
furnished to consumers during the year preceding. 

“purchase or lease. 

“Sec. 11 . The said company shall have the right to acquire, hold, 
or take over, either by purchase or lease, property, both reap pegs- 
or mixed, and such other property as may be necessary or inciffi. d 


64 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


to the proper conduct of its business; said company shall, however, 
not have the right to purchase franchises and property of whatever 
nature of another company of like nature. 

“BORROWING OF MONEY AND ISSUANCE OF BONDS. 

“Sec. 12. The said company, whenever from time to time it shall 
be deemed expedient in the furtherance of the objects of the company, 
shall have the power to borrow money and to secure the payment 
thereof, with the interest agreed upon, by mortgage of all or any 
portion of the property, and the franchises and privileges granted or 
obtained by virtue of this act, or if it be deemed advisable, bonds may 
be issued, secured by a deed of trust of such property as aforesaid, 
not to exceed sixty per centum of the actual value thereof, together 
with all future acquired property, as well as the income and receipts 
of the property from whatever source derived, and in such form and 
under such terms as said company may deem advisable: Provided , 
That nothing in this section contained shall operate to prevent said 
company from obtaining the usual business credits and to make 
promissory notes without security. 

“penalties. 

“Sec. 13. Whenever said company refuses or fails to do or perform 
or comply with any act, matter, or thing requisite or required to be 
done under the terms of this act, and shall continue so to refuse or fail 
to do or perform or comply therewith after reasonable notice given 
by the superintendent of public works to comply therewith, the said 
superintendent of public works shall, with the consent of the gov¬ 
ernor and the attorney-general, cause proceedings to be instituted 
before the proper tribunal to have the franchise granted by this act 
and all rights and privileges granted thereunder forfeited and de¬ 
clared null and void. 

“Sec. 14. Any person who shall willfully or intentionally injure, 
molest, or destroy any of the poles, lines, wires, meters, or other 
appliances, or the material or property belonging thereto, or shall 
without permission or authority of the company connect or cause to 
be connected by poles and wires, or by any device, with the wires, 
cables, or conductors of the company, for "the purpose of obtaining 
electric current for light, heat, or power, or whoever shall, without 
such permission or authority, cut or cause to be cut wires or other 
devices connected with any meter or meters erected or set up for the 
purpose of registering or recording the amount of electric current 
supplied to any consumer by the company, or change or shunt the 
wiring leading to or from any such meter, or by any device, appliance, 
or means whatsoever, tamper with any such meter in such manner 
that such meter or meters will not measure or record the amount of 
electric current supplied to any consumer by the company, shall be 
guilty of a misdemeanor, and upon conviction thereof in the district 
court of Honolulu, or other court having jurisdiction thereof, shall 
be punished by a fine not exceeding one hundred dollars or by impris¬ 
onment with hard labor not exceeding six months: Provided , however, 
That nothing herein contained shall be deemed to affect the right of 
the company to recover by action at law damages for any injury done 
by such unlawful action. 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


65 


11 GRANT NOT EXCLUSIVE. 

“Sec. 15. It is hereby expressly provided that nothing herein con¬ 
tained shall be so construed as to grant to the company the exclusive 
right to furnish, sell, or supply electric light or power. 

“Sec. 16. This act shall take effect and become law from and after 
the date of its approval. 

“Approved this 28th day of April, A. D. 1903. 

“Sanford B. Dole, 
“Governor of the Territory of Hawaii.” 

Sec. 2. That Congress or the legislature of the Territory of Hawaii, 
with the approval of Congress, may at any time alter, amend, or repeal 
this act. 

Approved, April 21, 1904. 


[Public —No. 129.] 

AN ACT To ratify, approve, and confirm an act duly enacted by the legislature 
of the Territory of Hawaii, to authorize and provide for the maintenance and 
supply of fuel and illuminating gas and its by-products in Honolulu. 

Whereas the legislature of the Territory of Hawaii did, by an act 
duly passed at the nineteen hundred and three session thereof, 
authorize W. W. Dimond, his associates, successors, and assigns, to 
manufacture and supply fuel and illuminating gas and its by-products 
in Honolulu; and 

Whereas the governor of said Territory did approve said act on the 
fifteenth day of April, nineteen hundred and three; and 

Whereas the Act of Congress to provide a government for the Ter¬ 
ritory of Hawaii, approved April thirtieth, nineteen hundred, pro¬ 
vides that the legislature of the Territory of Hawaii shall not grant 
to any corporation, association, or individual any special privilege or 
franchise without the approval of the Congress of the United States: 
Now, therefore, 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled , That the act of the legisla¬ 
ture of the Territory of Hawaii entitled “An act to authorize W T . W. 
Dimond, his associates, successors, and assigns to manufacture and 
supply fuel and illuminating gas and its by-products in Honolulu,” 
approved by the governor of the Territory April fifteenth, nineteen 
hundred and three, be, modified, and as so modified is hereby, ratified, 
approved, and confirmed, and amended so as to read as follows, to wit: 

“Act Numbered Thirty. 

“An act to authorize W. W. Dimond, his associates, successors, and 
assigns to manufacture and supply fuel and illuminating gas and its 
by-products in Honolulu. 

“Be it enacted by the legisla ture of the Territory of Hawaii , Section 1: 
That W. W. Dimond, of Honolulu, island of Oahu, Territory of 
Hawaii, his associates, successors, and assigns, or such corporation 


8210 - 07 - 



66 


ORGANIC ACTS FOR HAW An AND PORTO RICO. 


as he or they shall cause to be incorporated under the laws of the 
Territory of Hawaii (he or they being hereinafter referred to as 
W. W. Dimond), are hereby authorized and empowered to manufac¬ 
ture and supply gas for use as a fuel, for illuminating purposes, 
and otherwise, in Honolulu, which, for the purpose of this act, shall 
be held to include all of that portion of the island of Oahu extending 
from the westerly limits of Moanalua to the southeastern extremity 
of said island, and lying to the southwest of the Konahuanui range 
of mountains on said island. 

“Sec. 2. Said W. W. Dimond shall have the right to erect and 
maintain at such places, within the limits mentioned in section one, 
as the superintendent of public works shall approve, such buildings, 
machinery, and appurtenances as may be necessary for the produc¬ 
tion, manufacture, and storage of such gas, together with its various 
by-products, as may be required from time to time during the ex¬ 
istence of the rights hereby granted. 

“Sec. 3. Said W. W. Dimond, for the purpose of distributing such 
gas for use as by this act authorized, shall have the right from time 
to time to lay pipes or other conduits for such distribution, in or 
under the streets, roads, and places in the said district; and whenever 
supply pipes and mains shall be laid in any block, connections shall be 
made and pipes shall be laid from said main to the curb line of the 
street for the purpose*of supplying gas to the property holders adjoin¬ 
ing such street, and each of such connections shall be provided with 
stopcocks inside of such curb line: Provided, That nothing herein 
shall prevent the laying down of additional branches or connections 
at any time when future requirements render the same necessary. 
But the methods by which such streets, roads, and places are to be 
used shall be subject to prior consent and approval of the superin¬ 
tendent of public works, and all instructions and directions made by 
him shall be strictly followed, to the end that the general public shall 
be inconvenienced as little as possible; and provided, likewise, that 
whenever any street, road, or other place shall be excavated and holes 
or trenches made therein for laying, maintaining, replacing or repair¬ 
ing such pipes, conduits, or connections, such holes or trenches shall 
be safeguarded and refilled as soon as possible, and the pavement, if 
any, and such street, road, or place shall be replaced in good order and 
condition: Provided, That if such repair or restoration shall not be 
made to the satisfaction of the superintendent of public works within 
a reasonable time, whereof he shall be judge, he may cause it to be 
done at the expense of the said W. W. Dimond. 

“Sec. 4. Said W. W. Dimond shall also have the right to erect and 
maintain lamp-posts or other appliances for lighting streets, roads, or 
other places, and of connecting the same with the supply pipes: 
Provided, That such use of said streets, roads, or other places shall 
first be approved by said superintendent of public works: And pro¬ 
vided further, That if said W. W. Dimond shall manufacture and 
supply illuminating gas, as well as gas for fuel, and shall erect lamp- 
posts as aforesaid, lie shall, on requisition of the superintendent of 
public works, furnish free of cost gas for fifty^ street lights, and 
thereafter shall each year furnish five more in addition to the number 
furnished the preceding year. 

“Sec. 5. Said W. W. Dimond shall also have the right to maintain 
and use gas meters or other means for measuring the amount of gas 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 67 

used from time to time and in such places as may be deemed necessary, 
and to operate the same for all purposes connected with the use of 
such gas, and shall also have the right to charge, receive, and collect 
from all consumers of gas such reasonable prices as he or such persons 
or corporations may from time to time fix and determine, but not at 
any time to exceed two dollars and twenty-five cents per thousand 
cubic feet, with a discount of ten per cent on all payments made 
within ten days after due and demanded, and shall also have the right 
to charge consumers or intended consumers of gas for the cost and 
expense of making connections between the mains and premises where 
such gas is to be used, and may include also the price for all connec- 
ing pipe, gas fixtures, and other material necessary: Provided, That 
power is hereby conferred upon the courts of appropriate jurisdiction 
at all times and upon the petition of any consumer or the said W. W. 
Dimond, his associates, successors, or assigns, or of such corporation 
to hear and determine from time to time what rate or rates are rea¬ 
sonable, and to enforce the same by appropriate judgment or decree. 

“Sec. 6. Said W. W. Dimond shall also have the right to cut off 
the supply of gas from any consumer who shall refuse or fail to pay 
amounts due for gas so supplied by the said W. W. Dimond, within 
such reasonable time as may be fixed for payment of the same; but 
such cutting off shall not prevent the said W. W. Dimond from using 
any remedies now or which may hereafter be authorized by law for 
collecting debts. 

“Sec. 7. Said W. W. Dimond may erect and construct all build¬ 
ings, machinery, and other appurtenances necessary to the operation 
of the rights hereby granted, and may maintain and operate the plant 
necessary to the enjoyment of the rights hereby granted, either per¬ 
sonally or in connection with others as partners; or the rights, powers, 
and authorities hereby granted may be assigned to other persons, or 
to a corporation to be by him or them incorporated under the laws 
of the Territory of Hawaii, but in all cases, by whomsoever the rights, 
powers, and authorities hereby granted shall be exercised, such exer¬ 
cise and operation shall be in such manner as to cause the least incon¬ 
venience to the public, and he or they shall, in such use, provide fuel 
and illuminating gas of the best quality obtainable, which quality 
shall be subject to the control of such reasonable rules and regula¬ 
tions as the superintendent of public works shall from time to time 
deem necessary for the protection of the public, and the buildings and 
machinery, with all appurtenances, to be erected, and general plant to 
be maintained in connection therewith, together with the offices, books, 
and accounts of the said persons or corporation shall be open to exam¬ 
ination and inspection at all times by the superintendent of public 
works or his agent duly authorized for that purpose. 

“Sec. 8. It is further provided that the rights hereby granted shall 
cease and determine, if operations hereunder are not commenced by 
beginning the construction of buildings or other works for manufac¬ 
turing or supplying such gas, or by laying pipes or other conduits in 
any of such streets, roads, or places within one year from and after 
the passage of this act, or within one year after the franchise hereby 
granted shall be approved by the Congress of the United States, 
should such approval be deemed necessary to the legality hereof; and 
also that such works shall be in operation and gas shall be supplied 
for the purpose of this act within two years after such work has been 


68 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


so commenced: Provided , That the rights hereby granted shall not be 
considered exclusive. 

“Sec. 9. On the first day of July of each year there shall be pay¬ 
able to the treasurer of the Territory of Hawaii, for and on behalf of 
such Territory, two and one-half per centum of the gross receipts of 
said W. W. l)imond for all gas furnished to consumers under the 
terms of this act. 

“Sec. 10. This act shall take effect from and after the date of its 
approval. 

“Approved this 15th day of April, 1903. 

“Sanford B. Dole, 

11 Governor of the Territory of Hawaii .” 

Sec. 2. That Congress, or the legislature of the Territory of Hawaii 
with the approval of Congress, may at any time alter, amend, or 
repeal said Act. 

Approved, April 21, 1904. 


[Public— No. 262 .] 

AN ACT To ratify and confirm the present right of way of the Oahu Railway and 
Land Company through the military reservation of Kahauiki, Territory of Hawaii. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled , That the deeds 
from the authorities of Hawaii, dated the twenty-ninth day of April, 
nineteen hundred and three, and the fourth day of February, eighteen 
hundred and ninety-nine, respectively, to the Oahu Railway and 
Land Company, conveying a right of way forty feet wide for a rail¬ 
way of said company through the military reservation of Kahauiki, 
district of Kona, Oahu, Hawaiian Islands, be, and the same are 
hereby, ratified and confirmed. 

Approved, April 28, 1904. 


[Public— No. 176.] 

AN ACT To provide for the investigation of leprosy, with special reference to the 
care and treatment of lepers in Hawaii. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That when the Ter¬ 
ritorial government of Hawaii shall cede to the United States in per¬ 
petuity a suitable tract of land one mile square, more or less, on the 
leper reservation at Molokai, Hawaii, there shall be established 
thereon a hospital station and laboratory of the Public Health and 
Marine-Hospital Service of the United States for the study of the 
methods of transmission, cause, and treatment of leprosy. 

Sec. 2. That the Secretary of the Treasury be, and he is hereby, 
authorized to cause the erection upon such site of suitable and neces¬ 
sary buildings for the purposes of this Act, at a cost not to exceed the 
sum herein appropriated for such purpose. 




ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


69 


Sec. 3. That for the purposes of this Act the Surgeon-General, 
through his accredited agent, is authorized to receive at such station 
such patients afflicted with leprosy as may be committed to his care 
under legal authorization of the Territory of Hawaii, not to exceed 
forty in number to be under treatment at any time, said patients to 
remain under the jurisdiction of the said Surgeon-General, or his 
agent, until returned to the proper authorities or Hawaii. 

Sec. 4. That the Surgeon-General of the Public Health and Ma¬ 
rine-Hospital Service of the United States is authorized to detail or 
appoint, for the purposes of these investigations and treatment, such 
medical officers, acting assistant surgeons, pharmacists, and employees 
as may be necessary for said purpose. 

Sec. 5. That the sum of one hundred thousand dollars is hereby 
appropriated, from any money in the Treasury not otherwise appro¬ 
priated, for the erection of necessary buildings and other equipment; 
and fifty thousand dollars, or so much thereof as may be necessary, 
for maintenance and pay of all officers and employees during the 
fiscal year ending June thirtieth, nineteen hundred and six. 

Sec. 6. That the Surgeon-General of the Public Health and Ma¬ 
rine-Hospital Service shall, subject to the approval of the Secretary 
of the Treasury, make and adopt regulations for the administration 
and government of the hospital station and laboratory and for the 
management and treatment of all patients of such hospital. 

Sec. 7. That when any commissioned or noncommissioned officer 
of the Public Health and Marine-Hospital Service is detailed for 
duty at the leprosarium herein provided for, he shall receive, in addi¬ 
tion to the pay and allowances of his grade, one-half the pay of said 
grade and such allowances as may be provided for by the Surgeon- 
General of the Public Health and Marine-Hospital Service, with the 
approval of the Secretary of the Treasury. 

Approved, March 3, 1905. 


[Public —No. 198.] 

AN ACT To amend sections fifty-six, eighty, and eighty-six of “An Act to provide 
a government for the Territory of Hawaii/’ [approved April thirtieth, nineteen 
hundred. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section fifty- 
six of an Act of the Congress of the United States of America entitled 
“An Act to provide a government for the Territory of Hawaii,” ap¬ 
proved April thirtieth, nineteen hundred, be, and the same is hereby, 
amended by the addition of the following: “and all officials thereof 
shall be appointed or elected, as the case may be, in such manner as 
shall be provided by the governor and legislature of the Territory.” 

Sec. 2. That section eighty of the aforesaid Act is hereby amended 
by the addition of the following: u Provided, however , That nothing 
in this section shall be construed to conflict with the authority and 
powers conferred by section fifty-six of this Act as herein amended.” 

Sec. 3. That section eighty-six of the aforesaid Act be amended by 
adding the following at the end of said section: 11 Provided, That 
writs of error and appeals may also be taken from the supreme court 



ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


70 

of the Territory of Hawaii to the Supreme Court of the United States 
in all cases where the amount involved, exclusive of costs, exceeds the 
sum or value of five thousand dollars.” 

Sec. 4. That this Act shall take effect and be in force from and after 
its passage. 

Approved, March 3, 1905. 


[Public— No. 183.] 

AN ACT To provide for the disposition of certain property in the Territory of Hawaii. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That all personal and 
movable property ceded and transferred to the United States by the 
Republic of Hawaii under the joint resolution of annexation ap¬ 
proved July seventh, eighteen hundred and ninety-eight, may be sold, 
leased, or otherwise disposed of in such manner as may be provided by 
the laws of the Territory of Hawaii: Provided, That all sales, leases, 
or other disposals of such property heretofore made by said Territory, 
under the authority of such laws, are hereby ratified and confirmed, 
and all moneys or revenues derived from sales or disposals heretofore 
made, or made under authority of this Act, shall remain the property 
of said Territory. 

Approved, May 26, 1906. 


[Public— No. 245.] 

AN ACT Providing for the setting aside for governmental purposes of certain ground 

in Ililo, Hawaii. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That all of the public 
land contained in block C, situated in the city of Hilo, island and 
Territory of Hawaii, be, and the same is hereby, set apart and 
declared to be a Government reservation and site for a Federal build¬ 
ing or buildings, the same being more particularly described as the 
area contained in the following lines, to wit: Beginning at the west 
corner of Waianuenue and Bridge streets, the coordinates of which 
point are three thousand three hundred and seventy-three and one 
one-hundredth feet north and two thousand nine hundred and eleven 
and eighty-one one-hundredths feet east of Ilalai trigonometrical 
station, and running by true azimuths fifty-six degrees forty-eight 
minutes three hundred and ninety-six and sixty-two one-hundredths 
feet along Waianuenue street; one hundred and forty-eight degrees 
fifty-five minutes three hundred and thirty feet along Pitman street; 
two hundred and thirty-one degrees four hundred and seventeen one- 
hundredths feet along Wailuku street; three hundred and twenty-eight 
degrees fifty-five minutes three hundred and seventy and forty-seven 
one-hundredths feet along Bridge street to the point of beginning, 
and containing three and nineteen one-hundredths acres, except¬ 
ing therefrom so much of said tract as has been deeded to the Hilo 




ORGANIC ACTS FOR HAW An AND PORTO RICO. 7i 

Masonic Association of the Territory of Hawaii: Provided , That the 
superintendent of public works of the Territory of Hawaii is hereby 
authorized and directed to sell or otherwise dispose of whatever build¬ 
ings are now located on the above-described reservation, in such 
manner as he may find most advantageous, such sale and removal to 
be made as rapidly as the existing leases on said ground expire, and 
the proceeds thereof to be applied by the superintendent of public 
works to the parking and general improvement of said Federal build¬ 
ing site. 

Approved, June 19, 1906. 


[Public—N o. 249.] 

AN ACT To ratify, approve, and confirm an act duly enacted by the legislature of the 
Territory of Hawaii to authorize and provide for the construction, maintenance, and 
operation of a telephone system on the island of Oahu, Territory of Hawaii. 

Whereas the legislature of the Territory of Hawaii did, by an act duly 
passed at the nineteen hundred and five session thereof, author¬ 
ize the Standard Telephone Company (Limited) to construct, 
maintain, and operate a telephone system on the island of Oahu, 
Territory of Hawaii, and which said act was approved by the gov¬ 
ernor of said Territory on the twenty-sixth day of April, nineteen 
hundred and five; and 

Whereas the Act of Congress to provide a government for the Terri¬ 
tory of Hawaii, approved April thirtieth, nineteen hundred, pro¬ 
vides that the legislature of the Territory of Hawaii shall not grant 
to any corporation, association, or individual any special privilege 
or franchise without the approval of the Congress of the United 
States: Now, therefore, 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled , That the act of the 
legislature of the Territory of Hawaii entitled “An act to authorize 
and provide for the construction, maintenance, and operation of a 
telephone system on the island of Oahu, Territory of Hawaii, by the 
Standard Telephone Company (Limited),” approved by the governor 
of the Territory April twenty-sixth, nineteen hundred and five, be, 
and is hereby, amended, and, as amended, is hereby ratified, approved, 
and confirmed, as follows, to wit: 

“ACT 66. 

“An Act 

“To authorize and provide for the construction, maintenance, and 
operation of a telephone system on the island of Oahu, Territory of 
Hawaii, by the Standard Telephone Company (Limited). 

“Be it enacted by the legislature of the Territory of Hawaii: 

“Section 1 . The right is hereby granted to the Standard Tele¬ 
phone Company (Limited), a corporation organized under the laws 
of the Territory of Hawaii, to construct, operate, and maintain, for 
the term of twenty-five years from the date of the approval of this 



72 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


act, a telephone and electrical communicative system, aerial, under¬ 
ground, or subaqueous, in, upon, along, and under the highways and 
public roads of the said island of Oahu, and under the lands and 
waters of said island. 

“Sec. 2. The said telephone system shall be operated by under¬ 
ground wires within a radius of one-half mile, starting from the north 
corner of Fort and King streets, and beyond said limits by such 
means or methods as may be adopted by said company from time to 
time, with the approval of the superintendent of public works, or any 
other official or board having control of the streets and roads where 
said wires are located, which said officials or boards may, after nine¬ 
teen hundred and twleve, at any time that the public interests require 
it, direct any changes in the method of placing or using said wires 
that have been or may thereafter be put up or laid that they shall 
determine to be proper and necessary. 

“Sec. 3. If the Standard Telephone Company (Limited) shall at 
any time acquire, by lease or otherwise, the rights, franchises, and 
property of any person or corporation operating a telephone system 
on the island of Oahu, all of the rights, privileges, powers, and au¬ 
thority by this act conferred with reference to the occupation of 
streets, lands, and waters, maintenance and operation of telephone 
companies, and also all other powers so conferred, are hereby author¬ 
ized in the maintenance and use of the property so acquired. All 
franchises thus acquired shall be subject to all the conditions and 
limitations of this act. 

“Sec. 4. All underground wires shall be in conduits not less than 
two feet beneath the surface of the street, which surface shall be 
securely supported so as not to impair the use and enjoyment of said 
streets by the public, and all trenches in which conduits are placed, 
as well as the manholes connected with the system, shall be con¬ 
structed in a substantial and workmanlike manner. 

“Sec. 5. The said Standard Telephone Company, before laying its 
conduits or otherwise disturbing any of the streets or roads of the 
island of Oahu, shall ascertain the lawful grade of such streets or 
roads from the superintendent of public works or other officials or 
boards having charge of said streets or roads, who shall furnish the 
required information within a reasonable time. 

“The conduits or other equipment of the said company which 
affect the surface of the public streets or roads shall conform to the 
grades of said streets or roads on which they are laid down, as fur¬ 
nished by the superintedent of public works or other officials or 
boards having charge of said streets or roads, and the said Standard 
Telephone Company shall not in any way change or alter the same 
without the written consent of the said authorities. And the Terri¬ 
tory of Hawaii reserves further the right to change and alter the line 
and grades of its streets at any time, and the said Standard Tele¬ 
phone Company shall, at their own cost, within sixty days conform 
to such new lines and grades in reconstructing its surface equipment 
or conduits upon receiving notice in writing from the superintendent 
of public works or other officials or boards having charge of said 
streets or roads, and such changes shall be made subject to the ap¬ 
proval of the said officials. And in all cases of street improvements 
by the Territory, county, or municipality, the said Standard Tele- 


ORGANIC ACTS FOR HAW An AND PORTO RICO. 73 

phone Company shall conform to all such improvements as directed 
by the superintendent of public works or other officials or boards 
having charge of said streets or roads. In case of neglect by said 
Standard Telephone Company to make such repairs, changes, or im¬ 
provements required of it by this section, they shall be made by the 
Territory, county, or municipality which maintains said streets or 
roads, and the cost of such repairs, changes, and improvements shall 
be recovered from the said Standard Telephone Company. 

“Sec. 6 . The said Standard Telephone Company (Limited) shall 
erect and maintain its poles and lines so as not to unnecessarily inter¬ 
fere with the public use of the streets, alleys, lanes, and highways, 
and wherever its lines are laid underground shall cause all excava¬ 
tions to be immediately filled upon the completion of such work, and 
the streets, alleys, lanes, and highways restored to the condition in 
which they were before such excavations were made. 

“Sec. 7. The said Standard Telephone Company (Limited) shall 
have the right- at all times to construct and repair its underground or 
overhead wires or appliances by them required in the construction, 
equipment, operation, and maintenance of said telephone system, and 
to lay, maintain, and operate such additional underground or over¬ 
head wires as the business of the said Standard Telephone Company 
(Limited) may require. 

“Sec. 8. The said Standard Telephone Company (Limited) shall 
from time to time make such rules and regulations for the govern¬ 
ment of its affairs, not inconsistent with the laws of the Territory of 
Hawaii, as will protect it from loss, misuse of its instruments, or 
abuse of its service. 

“Sec. 9. Any person willfully and maliciously doing any of the 
following acts, to wit: Obstructing the free communication of in¬ 
telligence, message, conversation, or tapping the lines of the said 
Standard Telephone Company (Limited); defacing, marring,' or 
injuring the poles, wires, or other appliances used in operating, using 
the poles, fences, houses, or other property, without consent, for 
advertising purposes, or in any other manner inflicting injury to the 
property, or causing annoyance and embarrassment in the enjoyment 
of its property, rights, or franchises to the said Standard Telephone 
Company (Limited) shall be guilty of a misdemeanor, and upon con¬ 
viction thereof shall be punished" by fine not exceeding fifty dollars 
or by imprisonment not exceeding a term of three months, or, upon a 
second or further conviction, by both such fine and imprisonment. 

“Sec. 10. Whenever it shall be deemed necessary that the rights of 
way over private property should be taken by the said Standard 
Telephone Company (Limited) and the same can not be acquired by 
purchase for a reasonable or fair compensation, the said Standard 
Telephone Company (Limited) is hereby authorized and empowered 
to take such places or property to the extent only of the actual amount 
necessary for the said right of way in the maimer hereinafter pro¬ 
vided: Provided , however, That this act shall not be construed to 
allow the said Standard Telephone Company to condemn the equip¬ 
ment of any other electric or telephone company. 

“Sec. 11. If the person, persons, association or corporation own¬ 
ing such property ddes not consent and agree to the use required, and 
to the compensation offered therefor, the said Standard Telephone 


74 ORGANIC ACTS FOR HAWAII AND PORTO RICO. 

Company (Limited) may institute condemnation proceedings in the 
circuit court of the first circuit of the Territory of Hawaii, which 
is hereby empowered to hear and determine such condemnation 
proceedings. 

“Sec. 12. The said Standard Telephone Company (Limited) shall 
have the right to take over, either by purchase or lease, any or all of 
the property, real or personal, rights, privileges, and franchises, of 
any other telephone company, and shall have, when so acquired, and 
may exercise all the rights, powers, privileges, and franchises of such 
company, whether the same be derived by charter, by municipal 
authority, by act of the legislature of the Territory of Hawaii, or by 
the United States Congress. All franchises and property thus 
acquired shall be subject to all the conditions and limitations of this 
act. 

“Sec. 13. The said Standard Telephone Company (Limited), when¬ 
ever from time to time it shall be deemed expedient in furtherance of 
the objects by this act authorized, shall have the power to borrow 
money and to secure the payment thereof with interest agreed upon 
by mortgages of all or any portion of its property, which may include 
the franchise, and any such mortgages may be issued, if it be deemed 
advisable, in the form of mortgage bonds; such mortgages or trust 
deeds may, in addition to the property named above, cover also any 
property or property rights to be acquired after their several dates, 
as well as the income and receipts of the property from whatever 
source derived. Such mortgages and trust deeds may also contain 
such provisions as the said Standard Telephone Company (Limited) 
may deem advisable and proper for the protection of all concerned, 
relative to payment of interest and principal, possession and operation 
of said telephone system or other property, default, remedies, fore¬ 
closures, powers of mortgagees or trustees in the matter, and all and 
every other matter which may be deemed wise and proper to insert 
therein. 

“Sec. 14. The said Standard Telephone Company (Limited) shall 
pay to the government of the Territory of Hawaii a tax of two and 
one-half per centum of its gross receipts from and after the expira¬ 
tion of two years from the date of the approval of this act by the 
Congress of the United States. Such payments shall be made 
quarterly. 

“Sec. 15. In case of purchase, lease, or acquirement of the prop¬ 
erty of any other telephone company, as provided in sections three 
and twelve of this act, by the Standard Telephone Company, then 
and in that case the tax provided for under section fourteen of this 
act shall be paid to the Territory from the date of such purchase, 
lease, or acquirement. 

“Sec. 16. Such portion of the general telephone system required 
for a general public service as is to be operated in underground con¬ 
duits, and within one-half mile radius of the point designated in sec¬ 
tion two of this act, shall be completed and in operation within two 
years from the date that this act is approved by the Congress of the 
United States; and if the said Standard Telephone Company, or any 
other person or corporation claiming under this act, shall fail to com¬ 
ply with the provisions of time limitation as expressed in this section, 
then and in that case all rights under this act shall be forfeited, and 
the privileges hereby granted shall forthwith cease and determine. 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


75 


“Sec. 17. Any person using the telephone instruments of the 
Standard Telephone Company shall be liable to pay for the use of 
such instruments at the following rates, namely: 

“ (a) Residences situated at such distances from the central office of 
the company as to require not more than five miles of constructed line, 
not more than two dollars and fifty cents per month; 

“ (b) Places of business situated at such distances from the central 
office of the company as to require not more than five miles of con¬ 
structed line, not more than four dollars per month; 

“ (c) For instruments at places situated at such distances from the 
central office of the company requiring more than five miles of con¬ 
structed line, not more than six dollars and twenty-five cents per 
month: 

Provided , however, That nothing in this section contained shall 
prohibit the making of any special contract for any special service. 

“Sec. 18. The said Standard Telephone Company shall during the 
existence of this franchise have and maintain an office for the transac¬ 
tion of business of the company at some place in Honolulu convenient 
of access to the public, and a majority of the board of directors of said 
company and other persons having the charge, management, and con¬ 
trol thereof shall be residents of the Territory of Hawaii. 

“Sec. 19. The entire plant, operation, books, and accounts of said 
Standard Telephone Company shall at any time be open and subject 
to the inspection of the treasurer of the Territory of Hawaii or any 
person appointed by him for the purpose. 

“Sec. 20. Forfeiture of franchise. —Whenever said company 
refuses or fails to do or perform or comply with any act, matter, or 
thing requisite or required to be done under the terms of this act, and 
shall continue so to refuse or fail to do or perform or comply there¬ 
with after reasonable notice given by the superintendent of public 
works or other proper authority to comply there.with, the governor 
and attorney-general shall cause proceedings to be instituted before 
the proper tribunal to have the franchise granted by this act, and all 
rights and privileges granted hereunder, forfeited and declared null 
and void. 

“ Sec. 21. Franchise not exclusive. —It is hereby expressly pro¬ 
vided that nothing herein contained shall be so construed as to grant 
to the company the exclusive right to install or operate a telephone 
system or systems. 

“Sec. 22. This act shall take effect from and after its approval by 
the Congress of the United States of America. 

“Approved this twenty-sixth day of April, anno Domini nineteen 
hundred and five. 

“G. R. Carter, 

“Governor of the Territory of Hawaii/ 7 

Sec. 2. That Congress, or the legislature of the Territory of Ha¬ 
waii with the approval of Congress, may at any time alter, amend, or 
repeal said Act. 

Approved, June 20, 1906. 


76 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


[Public— No. 331.] 


AN ACT To amend the Act to provide a government for the Territory of Hawaii, 
approved April thirtieth, nineteen hundred. 


Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section eighty- 
five of an Act entitled “An Act to provide a government for the Ter¬ 
ritory of Hawaii/’ approved April thirtieth, nineteen hundred, shall 
be amended to read as follows: 

“Sec. 85. That a Delegate to the House of Representatives of the 
United States, to serve during each Congress, shall be elected by the 
voters qualified to vote for members of the house of representatives of 
the legislature. Such Delegate shall possess the qualifications neces¬ 
sary for membership of the senate of the legislature of Hawaii. 

“Such election shall be held on the first Tuesday after the first 
Monday in November of every even year and at such places as shall 
be designated by the secretary of the Territory. The ballot for Dele¬ 
gate shall be such as the legislature of Hawaii may designate, and 
until provision is made by the Territorial legislature the ballot shall 
be of pink paper and shall be of the same general form as those used 
for the election of representatives to the legislature. 

“The method of certifying the names of candidates for place on 
this ballot and all the conduct of the election of a Delegate shall be in 
conformity to the general election laws of the Territory of Hawaii. 

“The person having the greatest number of votes shall be declared 
by the governor duly elected, and a certificate shall be given accord¬ 
ingly. 


“Every such Delegate shall have a seat in the House of Repre¬ 
sentatives, with the right of debate, but not of voting. In case of a 
vacancy occurring in the office of Delegate, the governor of the Ter¬ 
ritory is directed to call a special election to fill such vacancy: Pro¬ 
vided, however, That no vacancy shall be filled which occurs within 
five months of the expiration of a Congressional term. 

“The legislature or the Territory of Hawaii shall have the right to 
alter or amend any part of the election laws of said Territory, includ¬ 
ing those providing for an election of Delegate to Congress, and its 
action shall be the law, with full, binding force, until altered, amended, 
or repealed by Congress.” 

Approved, June 28, 1906. 


PORTO RICO. 


[Public—N o. 44.] 

AN ACT Appropriating, for the benefit and government of Porto Rico, revenues col¬ 
lected on importations therefrom since its evacuation by Spain, and revenues here¬ 
after collected on such importations under existing law. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the sum of two million 
and ninety-five thousand four hundred and fifty-five dollars and 
eighty-eight cents, being the amount of customs revenue received 
on importations by the United States from Porto Rico since the 
evacuation of Porto Rico by the Spanish forces on the eighteenth of 
October, eighteen hundred and ninety-eight, to the first of January, 
nineteen hundred, together with any further customs revenue col¬ 
lected on importations from Porto Rico since the first of January, 
nineteen hundred, or that shall hereafter be collected under existing 
law, shall be placed at the disposal of the President, to be used for the 

f overnment now existing and which may hereafter be established in 
'orto Rico, and for the aid and relief of the people thereof, and for 
public education, public works, and other governmental and public 
purposes therein until otherwise provided by law; and the revenues 
herein referred to, already collected and to be collected under existing 
law, are hereby appropriated for the purposes herein specified, out of 
any moneys in the Treasury not otherwise appropriated. 

Approved, March 24, 1900. 


[Public Resolution —No. 23.] 

JOINT RESOLUTION To provide for the administration of civil affairs in Porto Rico 
pending the appointment and qualification of the civil officers provided for in the 
-Act approved April twelfth, nineteen hundred, entitled, “An Act temporarily to 
provide revenues and a civil government for Porto Rico, and for other purposes.” 

Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That until the officer to fill 
a,ny office provided for by the Act of April twelfth, nineteen hundred, 
entitled “An Act temporarily to provide revenues and a. civil govern¬ 
ment for Porto Rico, and for other purposes/' shall have been ap¬ 
pointed and qualified, the officer or officers now performing the civil 
duties pertaining to such office may continue to perform the same 
under the authority of said Act; and no officer of the Army shall lose 
his commission by reason thereof: Provided, That nothing herein con¬ 
tained shall be held to extend the time for the appointment and quali¬ 
fication of any such officers beyond the first day of August, nineteen 
hundred. 


77 




78 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


Sec. 2. That all railroad, street railway, telegraph and telephone 
franchises, privileges or concessions granted under section thirty-two 
of said Act shall be approved by the President of the United States, 
and no such franchise, privilege, or concession shall be operative until 
it shall have been so approved. 

Sec. 3. That all franchises, privileges or concessions granted under 
section thirty-two of said Act shall provide that the same shall be sub¬ 
ject to amendment, alteration, or repeal; shall forbid the issue of 
stock or bonds, except in exchange for actual cash, or property at a 
fair valuation, equal in amount to the par value of the stock or bonds 
issued; shall forbid the declaring of stock or bond dividends; and, in 
the case of public-service corporations, shall provide for the effective 
regulation of the charges thereof and for the purchase or taking by 
the public authorities of their property at a fair and reasonable valua¬ 
tion. No corporation shall be authorized to conduct the business of 
buying and selling real estate or be permitted to hold or own real 
estate except such as may be reasonably necessary to enable it to carry 
out the purposes for which it was created, and every corporation here¬ 
after authorized to engage in agriculture shall by its charter be re¬ 
stricted to the ownership and control of not to exceed five hundred 
acres of land; and this provision shall be held to prevent any mem¬ 
ber of a corporation engaged in agriculture from being in any wise 
interested in any other corporation engaged in agriculture. Corpora¬ 
tions, however, may loan funds upon real estate security, and purchase 
real estate when necessary for the collection of loans, but they shall 
dispose of real estate so obtained within five years after receiving the 
title. Corporations not organized in Porto Rico, and doing business 
therein, shall be bound by the provisions of this section so far as they 
are applicable. 

Approved, May 1, 1900. 


[Public —No. 133.] 

AN ACT To facilitate the entry of steamships engaged in the coasting trade 
between Porto Rico and the Territory of Hawaii and the United States. 

Be it enacted by the Seriate and House of Representatives of the 
United States of America in Congress assembled, That the provisions 
of the Act of June fifth, eighteen hundred and ninety-four, entitled 
“An Act to facilitate the entry of steamships/’ are hereby extended 
to steamships engaged in trading between ports of Porto Rico and the 
Territory of Hawaii and those of the United States. 

Approved, May 31, 1900. 


[Public—N o. 169.] 

AN ACT To provide better facilities for the safe-keeping and disbursement of public 
moneys m the Philippine Islands and in the islands of Cuba and Porto Rico. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Secretary 
of the Treasury is hereby authorized to designate one or more banks 




ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


79 


or bankers in the Philippine Islands and in the islands of Cuba and 
Porto Pico in which public moneys may be deposited: Provided, 
That the banks or bankers thus designated shall give satisfactory 
security for the safe-keeping and prompt payment of the public 
moneys so deposited by depositing in^the Treasury, United States 
bonds to an amount not less than the aggregate s&m at any time on 
deposit with such banks or bankers: And provided further, That this 
Act shall apply to Cuba only while occupied by the United States. 

Approved, June 6, 1900. 


[Public Resolution —No. 32.] 

JOINT RESOLUTION To authorize and empower the Banco Espanol de Puerto 
Rico (Spanish Bank of Porto Rico) to amend its by-laws. 

Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Banco Espanol de 
Puerto Rico (Spanish Bank of Porto Rico) be, and the said institu¬ 
tion is hereby, authorized and empowered to amend article one of its 
by-laws, which said by-laws are referred to in, and published with, 
the royal (Spanish) decree dated May fifth, anno Domini eighteen 
hundred and eighty-eight, granting a concession to said bank, so as 
to change its name to that of Bank of Porto Rico (Banco de Puerto 
Rico) and to substitute for its capital in pesos the equivalent in 
money of the United States at the ratio established by law, and to 
amend article thirty-one of said by-laws, so that to be a councilor of 
said bank it may not be necessary to be a Spaniard, and further to 
modify and amend said by-laws, but always in accordance with 
existing law, and subject to the approval of the governor of Porto 
Rico: Provided, That nothing herein contained shall be held to 
enlarge or to permit the enlargement, in any manner or to any extent, 
of any of the rights, powers, or privileges granted to said Banco 
Espanol de Puerto Rico (Spanish Bank of Porto Rico) by the Gov¬ 
ernment of Spain: And provided further, That nothing herein con¬ 
tained shall be held in any wise to limit or curtail any power which 
the Government or the Congress of the United States possesses in 
respect of said bank, its powers, privileges, or franchises. 

Approved, June 6, 1900. 


REGIMENT OF NATIVE PORTO RICANS AUTHORIZED. 

Contained in An Act to increase the efficiency of the permanent military establish¬ 
ment of the United States, approved February 2, 1901. 

******* 

Sec. 37. That the President is authorized to organize and maintain 
one provisional regiment of not exceeding three battalions of infantry, 
for service in Porto Rico, the enlisted strength thereof to be com¬ 
posed of natives of that island as far as practicable. The regiment 
shall be organized as to numbers as authorized for infantry regiments 
of the Regular Army. The pay, rations, and clothing allowances to 
be authorized for the enlisted men shall be fixed by the Secretary of 
War, and shall not exceed those authorized for the Regular Army. 




80 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


The field officers shall be selected from officers of the next lower grades 
in the Regular Army and shall, while so serving in the higher grade, 
have the rank, pay, and allowances thereof. The company and regi¬ 
mental and battalion staff officers shall be appointed by the President. 
The President may, in his discretion, continue with their own consent 
the volunteer officers and enlisted men of the Porto Rico regiment, 
whose terms of service expire by law July first, nineteen hundred and 
one. Enlistments for the Porto Rico regiment shall be made for 
periods of three years, unless sooner discharged. The regiment shall 
be continued in service until further directed by Congress. 


[Public —No. 127.] 

AN ACT To amend an Act entitled 1 ‘An Act temporarily to provide revenues and a 
civil government for Porto Rico, and for other purposes,” approved April twelfth, 
nineteen hundred, and to increase the salary of the commissioner of education 
provided for by said Act. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled , That the salary of the com¬ 
missioner of education for Porto Rico shall, from and after the first 
day of April, nineteen hundred and one, be four thousand dollars per 
annum, and in addition to the duties provided by section thirty-six 
of the Act of April twelfth, nineteen hundred, the executive councd 
shall, from time to time, determine the salaries of all officials and 
assistants, appointed by the United States district court, including the 
clerk and the interpreter, which shall be paid out of the revenues of 
Porto Rico as other salaries and expenses of like character are paid 
under the provisions of said Act. 

Sec. 2. That such fees and expenses as are payable by the United 
States, if earned or incurred in connection with a circuit or district 
court of the United States, shall be paid from the revenues of Porto 
Rico, if earned or incurred in connection with the district court of the 
United States for Porto Rico. That all such fees, fines, costs, and 
forfeitures as would be deposited to the credit of the United States, 
if collected and paid into a circuit or district court of the United 
States, shall become revenues of Porto Rico, if collected and paid 
into the district court of the United States for Porto Rico. The com¬ 
missioners appointed, as provided in section thirty-four of said Act 
approved April twelfth, nineteen hundred, shall be entitled to the 
fees provided for United States commissioners: Provided , That pay¬ 
ments of fees and expenses, heretofore made in good faith by the 
United States district marshal, either from funds advanced to him by 
the United States or by Porto Rico, may be allowed by the accounting 
officers of the United States or the accounting officers of Porto Rico, 
as the case may be, in the settlement of his accounts. 

Sec. 3. That the jurisdiction of the district court of the United 
States for Porto Rico in civil cases shall, in addition to that conferred 
by the Act of April twelfth, nineteen hundred, extend to and embrace 
controversies where the parties, or either of them, are citizens of the 
United States, or citizens or subjects of a foreign State or States, 
wherein the matter in dispute exceeds, exclusive of interest or costs, 
the sum or value of one thousand dollars. 



ORGANIC ACTS FOR HAWAII AND PORTO RICO. 81 

Sec. 4. That jurors and witnesses in the United States district 
court of Porto Rico shall be entitled to and receive fifteen cents for 
each mile necessarily traveled over any stage line or by private con¬ 
veyance and ten cents for each mile over any railway in going to and 
returning from said courts: Provided, That no constructive or double 
mileage fees shall be allowed by reason of any person being sum¬ 
moned both as witness and juror, or as witness in two or more cases 
pending in the same court and triable at the same term thereof. 

Approved, March 2, 1901. 


[Public— No. 55.] 

AN ACT For the acknowledgment of deeds and other instruments in the Philippine 
Islands and Porto Rico affecting land situate in the District of Columbia or any Ter¬ 
ritory of the United States. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That deeds and other instru¬ 
ment affecting land situate in the District of Columbia or any Terri¬ 
tory of the United States may be acknowledged in the Philippine 
Islands and Porto Rico before any notary public appointed therein 
bv proper authority or any officer therein who has ex officio the powers 
of a notary public: Provided, That the certificate by such notary in the 
Philippine Islands or in Porto Rico, as the case may be, shall be accom¬ 
panied by the certificate of the attorney-general of Porto Rico or the 
governor or attorney-general of the Philippine Islands to the effect that 
the notary taking said acknowledgment was in fact the officer he pur¬ 
ported to be. 

Approved, March 22, 1902. 


[Public— No. 89.] 

AN ACT To refund the amount of duties paid in Porto Rico upon articles imported 
from the several States from April eleventh, eighteen hundred and ninety-nine, to 
May first, nineteen hundred, to confer jurisdiction on the Court of Claims to render 
judgment thereon, and making an appropriation therefor. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That jurisdiction be, and is 
hereby, conferred upon the Court of Claims of the United States of all 
claims against the United States arising out of the payment of cus¬ 
toms duties to the military authorities in the island of Porto Rico upon 
articles imported from the several States, which articles were entered 
at the several ports of entry in Porto Rico from and including April 
eleventh, eighteen hundred and ninety-nine, to May first, nineteen 
hundred, and the Court of Claims is empowered and directed to ascer¬ 
tain the amounts of such duties paid during said period and to enter 
judgment against the United States for the several amounts so paid, 
with interest thereon at the rate of six per centum per annum from the 
several dates of payment of such duties to the dates of such judgments, 
respectively, in all actions for the recovery of such duties now pending 

8210—07-6 




82 ORGANIC ACTS FOR HAWAII AND PORTO RICO. 

in the Court of Claims and in all actions for the recovery of such duties 
which may be brought in said court within six months from the date 
of the passage of this Act. 

Sec. 2. That the Secretary of the Treasury, upon the certification 
of such judgments, or any of them, from which the United States does 
not take an appeal, is authorized to pay the same. 

Approved, April 29, 1902. 


[Public— No. 249.] 

AN ACT Authorizing the President to reserve public lands and buildings in the island 
of Porto Rico for public uses, and granting other public lands and buildings to the 
government of Porto Rico, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the President be, and 
he is hereby, authorized to make, within one year after the approval 
of this Act, such reservation of public lands and buildings belonging 
to the United States in the island of Porto Rico, for military, naval, 
light-house, marine-hospital, post-offices, custom-houses, United 
States courts, and other public purposes, as he may deem necessary, 
and all the public lands and buildings, not including harbor areas 
and navigable streams and bodies of water and the submerged lands 
underlying the same, owned by the United States in said island and 
not so reserved be, and the same are hereby, granted to the govern¬ 
ment* of Porto Rico, to be held or disposed of for the use and benefit 
of the people of said island: Provided, That said grant is upon the 
express condition that the government of Porto Rico, by proper 
authority, release to the United States any interest or claim it may 
have in or upon the lands or buildings reserved by the President 
under the provisions of this Act: And provided further, That nothing 
herein contained shall be so construed as to affect any legal or equi¬ 
table rights acquired by the government of Porto Rico or by any other 
party, under any contract, lease, or license made by the United States 
authorities prior to the first day of May, nineteen hundred. 

Sec. 2. That the sum of two thousand dollars is hereby appropri¬ 
ated, out of any funds in the Treasury of the United States not other¬ 
wise appropriated, to be expended by the clerk of the district court of 
the United States for Porto Rico, under the supervision and subject to 
the approval of the presiding judge of said court, in the purchase of a 
law library for the use of said court. 

Sec. 3. That the resident commissioner from Porto Rico to the 
United States, provided for by section thirty-nine of the Act of April 
twelfth, nineteen hundred, entitled “An Act temporarily to provide 
revenues and a civil government for Porto Rico, and for other pur¬ 
poses,” shall be entitled, in addition to his salary as now fixed by law, 
to his actual expenses in traveling to and from Porto Rico once annu¬ 
ally, and his term of office shall commence on the fourth day of 
March next succeeding the date of his election; and the term of office 
of the present incumbent is hereby extended to the third day of March, 
nineteen hundred and three. 

• Approved, July 1, 1902. 



ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


83 


CITIZENS OF PORTO RICO MAY ENLIST IN REGULAR ARMY. 

Contained in An Act making appropriations for the support of the Army for the fiscal 
year ending June 30, 1904, and for other purposes, approved March 2, 1903. 

******* 
Citizens of Porto Rico shall be eligible for enlistment in the Reg¬ 
ular Army and the Porto Rico Regiment may be ordered for service 
outside of the island of Porto Rico: Provided , That all volunteer 
officers now in the Porto Rico Provisional Regiment shall be mustered 
out on June thirtieth, nineteen hundred and four, and their places 
be filled by detail from the line of the Army: Provided further, That 
any vacancy now existing or which may occur between now and June 
thirtieth, nineteen hundred and four, shall be filled by detail from 
the line of the Army. 


CADET TO MILITARY ACADEMY AUTHORIZED TO BE APPOINTED 
FROM PORTO RICO. 

Contained in An Act making appropriations for the support of the Military Academy 
for the fiscal year ending June 30, 1904, and for other purposes, approved March 
3, 1903. 

That in addition to the Corps of Cadets now authorized by law, 
there shall be one form Porto Rico, who shall be a native of said 
island, to be appointed by the President of the United States. 


MIDSHIPMAN TO NAVAL ACADEMY AUTHORIZED TO BE AP¬ 
POINTED FROM PORTO RICO. 

Contained in An Act making appropriations for the Naval service for the fiscal year 
ending June 30, 1904, and for other purposes, approved March 3, 1903. 

******* 

That hereafter there shall be at the Naval Academy one midship¬ 
man from Porto Rico, who shall be a native of said island, and whose 
appointment shall be made by the President on the recommendation 
of the governor of Porto Rico. 


[Public—N o. 166.] 

AN ACT To refund the amount of duties paid on merchandise brought into the United 
States from Porto Rico between April eleventh, eighteen hundred and ninety-nine, 
and May first, nineteen hundred, and also on merchandise brought into the United 
States from the Philippine Islands between April eleventh, eighteen hundred and 
ninety-nine, and March eighth, nineteen hundred and two, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That authority be, and the 
same is hereby, given the Secretary of the Treasury to refund and 
repay from the appropriation “To repay to importers the excess of 





84 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


deposits for unascertained duties, or duties or other moneys paid 
under protest,” made by section thity-six hundred and eighty-nine 
of the Revised Statutes, moneys paid to the United States without 
protest as duties and as fines on merchandise brought into the United 
States from Porto Rico between April eleventh, eighteen hundred 
and ninety-nine, when the ratifications of the treaty of peace of 
December tenth, eighteen hundred and ninety-eight, with Spain 
were exchanged, and May first, nineteen hundred, when the Act enti¬ 
tled “An Act temporarily to provide revenues and a civil government 
for Porto Rico, and for other purposes,” approved April twelfth, 
nineteen hundred, went into effect, and also on merchandise brought 
into the United States from the Philippine Islands between April 
eleventh, eighteen hundred and ninety-nine, and March eighth, nine¬ 
teen hundred and two, the date of the passage of “An Act tempo¬ 
rarily to provide revenue for the Philippine Islands, and for other pur¬ 
poses:” Provided , That such claims shall be presented under such 
rules and regulations as the Secretary of the Treasury shall prescribe, 
and within one year from the- date of the passage of this Act. 

Approved, March 3, 1903. 


PROVISIONAL REGIMENT FOR PORTO RICO. 

Contained in An Act making appropriations for the support of the Army for the 
fiscal year ending June 30, 1905, and for other purposes, approved April 23, 
1904. 

******* 

For Porto Rico Provisional Regiment of Infantry, composed of two 
battalions of four companies each, to include the enlisted men of the 

E resent regiment who may be in the service June thirtieth, nineteen 
undred and four, and officers as herein provided. The field officers 
shall be detailed from the officers of the Regular Army of the same 
grade and shall receive the pay and emoluments of their grade. The 
present officers of the regiment below the grade of field officers who 
are mentally, morally, and physically qualified and have proved 
efficient in their respective positions may be reappointed by the Pres¬ 
ident, by and with the advice and consent of the Senate (and such offi¬ 
cers shall be entitled to preference in such appointments) for a pro¬ 
visional term of four years. Officers so reappointed shall be eligible 
for promotion in the regiment up to and including the rank of cap¬ 
tain, upon examination as to their fitness for such promotion. Vacan¬ 
cies then existing or thereafter occurring in the grade of second lieu¬ 
tenant may be filled by the President, in his discretion, by and with 
the advice and consent of the Senate, by the appointment of citizens of 
Porto Rico for the provisional term of four years, whose qualifications 
for commissions shall be established by such examination as the Pres¬ 
ident may prescribe, who shall also be eligible for promotion in the 
regiment up to and including the rank of captain, upon an examina¬ 
tion as to their fitness. Vacancies not filled as hereinbefore provided 
by the reappointment or promotion of the present officers or by the 
appointment or promotion of citizens of Porto Rico, shall be filled by 
detail from the line of the infantry of the Army of the same grade 
with the vacancy to be filled. Men hereafter enlisted in the regiment 
shall be citizens of Porto Rico and shall be enlisted for a term of two 
years; and except in the case of noncommissioned officers shall not be 



ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


85 


reenlisted in time of peace. The names of all enlisted men who have 
served honorably in the regiment shall be kept at the headquarters of 
the regiment, and these men shall be regarded as a reserve, to be 
specially considered in time of war. The pay and allowances of officers 
and enlisted men of the regiment shall be the same as authorized for 
like grades in the Regular Army. 


[Public— No. 180.] 

AN ACT To extend the time within such actions for the recovery of duties paid 
in Porto Rico may be brought in the Court of Claims under the Act of April twenty- 
ninth, nineteen hundred and two. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled , That the time within which 
actions may be brought in the Court of Claims for the recovery of 
customs duties paid to the military authorities in the island of Porto 
Rico upon articles imported from the several States and entered at the 
several ports of entry in Porto Rico from and including April eleventh, 
eighteen hundred and ninety-nine, to May first, nineteen hundred, 
under the Act of April twenty-ninth, nineteen hundred and two, 
chapter six hundred and forty of the laws of the Fifty-seventh Con¬ 
gress, first session, be, and it is hereby, extended until six months from 
the date of the passage of this Act. 

Approved, March 3, 1905. 


[Public—N o. 221.] 

AN ACT To empower the Secretary of War, under certain restrictions, to authorize 
the construction, extension, and maintenance of wharves, piers, and other struc¬ 
tures on lands underlying harbor areas and navigable streams and bodies of waters 
in or surrounding Porto Rico and the islands adjacent thereto. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Secretary of War be, 
and he is hereby, empowered, subject to the restrictions and under 
the conditions hereinafter mentioned, to authorize the construction, 
extension, and maintenance of any wharf, pier, dolphin, boom, weir, 
breakwater, sea wall, bulkhead, jetty, or other structure on any of 
the lands belonging to the United States which underlie the harbor 
areas and navigable streams and bodies of waters in or surrounding 
Porto Rico and the islands adjacent thereto and the filling in and 
dredging of such lands. 

Sec. 2. That the word 11 person” as used in this Act shall be con¬ 
strued to import either the singular or the plural, as the case demands, 
and shall include individuals, municipalities, quasi-municipal corpo¬ 
rations, corporations, companies, and associations. 

Sec. 3. That the powers granted in the foregoing sections shall be 
subject, however, to the following restrictions: 

(a) No authorization to any person to construct, extend, or main¬ 
tain any such structure shall continue for a longer period than the 
period set forth in such authorization, and shall provide that the 
Government of the United States or with the approval of the Secre¬ 
tary of War the government of Porto Rico shall have the right at any 




86 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


time after the expiration of thirty years from the date of such au¬ 
thorization, and after three months’ notice, to take any such structure 
from the owner thereof upon paying the value of the same at the 
time it shall be so taken, and the amount paid shall not exceed the 
original cost of the same as may be fixed under paragraph (f) hereof. 
In case the Government of the United States or the government of 
Porto Rico, exercising the right of purchase as aforesaid should 
claim that the value of the structure when seized and taken is less 
than its original cost, the extent of deterioration or diminution from 
the original value shall be determined by a board or commission of 
four members, two of whom shall be appointed by the Secretary of 
War for the Government of the United States or by the Governor 
of Porto Rico for the government of Porto Rico as the case may be 
and two by the owner of such structure. If the four members thus 
chosen and appointed shall not be able to agree, they shall choose by 
mutual agreement a referee, whose decision shall be final, but in no 
case shall the amount to be paid exceed the original cost as fixed 
under the provisions of said paragraph (f). If the four members thus 
chosen and appointed are unable by mutual agreement to select a 
referee, then the Chief of Engineers of the United States Army shall 
be the referee, and his decision shall be final. 

All authorizations granted by the Secretary of War for any such 
construction, extension, or maintenance 

(b) Shall be subject to alteration, amendment, or repeal by Con¬ 
gress ; 

(c) Shall provide that the wharfage fees and charges for vessels, 
for passengers, and for goods loaded or discharged on, from, at, or 
over any such structure, and for approach and entry to any such 
structure, shall be no greater than are just, reasonable, and fairly 
remunerative, and for that purpose shall at all times be subject to 
regulation and revision by the said Secretary of War; that such fees 
and charges shall be the same for all persons, and all persons shall have 
equal right to approach, enter, and use the said structure, subject to 
such reasonable rules and regulations as the grantee thereof may 
establish, all of which rules and regulations shall be subject to revision 
by the Secretary of War; 

(d) That all necessary dredging in or in connection with the said 
structure, or the use thereof, shall be made by the grantee of the 
authorization; 

(e) That such authorization shall be null and void unless actual 
construction shall be commenced within one year from the date of 
such authorization by the Secretary of War, and completed within 
three years from the date of such authorization, or within such lesser 
periods as may be therein fixed: Provided, That the Secretary of 
War may for due cause shown extend the time for the completion of 
such construction for a reasonable period. 

(f) That duly verified accounts of expenditure for the construc¬ 
tion, extension, or improvement of such structure shall be exhibited 
to, and filed with, the United States army engineer at the city of San 
Juan, Porto Rico, who shall report to the Secretary of War the entire 
cost of such structure, extension, or improvement to be built under 
such authorization. 

(g) That the said structure shall not be sublet, sold, transferred, or 
assigned, nor shall the authorization therefor be granted, sold, trans- 


ORGANIC ACTS FOR HAWAII. AND PORTO RICO. 


87 


f erred, or assigned without the consent of the Secretary of War, nor 
in any case to a person engaged,, directly or indirectly, in the same line 
of business, in the same harbor area, navigable stream, or body of * 
water, and that any grant, subletting, sale, transfer, or assignment in 
violation hereof shall be null and void; 

(h) That any and all vessels owned or chartered by the United 
States Government shall in case of any emergency, or in time of war, 
have prior right, free of charge, to the use of any such structure; and 

(i) Shall contain such further restrictions as the Secretary of War 
may see fit to impose therein. 

Sec. 4. That no such authorization by the Secretary of War shall be 
granted to any person unless the applicant therefor shall first furnish 
to the Secretary of War satisfactory proof either that he (or it) is the 
owner or lessee of the approaches to. the shore end of the proposed 
structure, with the right to use the same in connection therewith, or 
that he (or it) is the owner of a franchise granting the right to use 
said approaches in connection with such proposed structure. Every 
application to the Secretary of War for any such authorization shall 
be accompanied by plans and specifications for such structure, exten¬ 
sion, or improvement, which said plans and specifications shall be 
submitted to, and approved by, the Chief of Engineers of the United 
States Army before the granting of any such authorization by the 
Secretary of War, and such plans and specifications shall not be de¬ 
viated from in any such structure, extension, or improvement without 
the written consent, first obtained, of the said Chief of Engineers. 

Sec. 5. That nothing herein contained shall be so construed as to 
affect legal or equitable rights, if any, existing at the date of the 
approval of this Act which were acquired by the government of Porto 
Rico or any other party under any contract, lease or license, for 
the construction, extension, improvement, or maintenance of any 
such structure, granted by the United States authorities prior to the 
approval of this Act. 

Approved, June 11, 1906. 

That all expenses heretofore and hereafter incurred by the War Depart¬ 
ment for examinations, reports, inspections, superintendence, or any 
other action necessary in executing the provisions of the Act of Congress 
approved June eleventh, nineteen huimred and six, entitled “An Act 
to empower the Secretary r of War, under certain restrictions, to authorize 
the construction, extension, and maintenance of wharves, piers, and 
other structures on lands underlying harbor areas and navigable streams 
and bodies of water in or surrounding Porto Rico and the islands adja¬ 
cent theretoshall be payable from funds herein and hereafter appro¬ 
priated for examinations, surveys, and contingencies of rivers and har¬ 
bors, the allotments for such expenses to be made by the Chief of Engi¬ 
neers. (Contained in river and harbor law, Fifty-ninth Congress, 
second session, Statutes at Large, p. 1111.) 


[Public— No. 294.] 

AN ACT Defining the qualifications of jurors for service in the United States district 
court in Porto Rico. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled , That the qualifications of 



88 


ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


jurors as feed by the local laws of Porto Rico shall not apply to jurors 
selected to serve in the district court of the United States for Porto 
Rico, but that the qualifications required of jurors in said court shall 
be that each shall be of the age of twenty-one years and not over 
sixty-five years, a resident of Porto Rico for not less than one year, 
and having a sufficient knowledge of the English language to enable 
him to duly serve as a juror: Provided, That the exemption from jury 
duty allowed by the local law shall be respected by the court when 
insisted upon by veniremen: And 'provided further, That the juries 
for said court shall always be selected and drawn in accordance with 
the laws of Congress regulating the same in the United States courts. 

Approved, June 25, 1906. 


[Public— No. 359.] 

AN ACT To provide means for the sale of internal-revenue stamps in the island of 

Porto Rico. 


Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That all United 
States internal-revenue taxes now imposed by law on articles of 
Porto Rican manufacture coming into the United States for consump¬ 
tion or sale may hereafter be paid by affixing to such articles before 
shipment thereof a proper United States internal-revenue stamp 
denoting such payment, and for the purpose of carrying into effect 
the provisions of this Act the Secretary of the Treasury is authorized 
to grant to such collector of internal revenue as may be recommended 
by the Commissioner of Internal Revenue, and approved by the Secre¬ 
tary, an allowance for the salary and expenses of a deputy collector 
of internal revenue, to be stationed at San Juan, Porto Rico, and the 
appointment of this deputy to be approved by the Secretary. 

The collector will place in the hands of such deputy all stamps 
necessary for the payment of the proper tax on articles produced in 
Porto Rico and shipped to the United States, and the said deputy, 
upon proper payment made for said stamps, shall issue them to 
manufacturers in Porto Rico. All such stamps so issued or trans¬ 
ferred to said deputy collector shall be charged to the collector and 
be accounted for by him as in the case of other tax-paid stamps. 

The deputy collector assigned to this duty shall perform such other 
work in connection with the inspection and stamping of such articles, 
and shall make such returns as the Commissioner of Internal Revenue 
may, by regulations approved by the Secretary of the Treasury, 
direct, and all provisions of existing law relative to the appointment, 
duties, and compensation of deputy collectors of internal revenue, 
including office rent and other necessary expenses, shall, so far as 
applicable, apply to the deputy collector of internal revenue assigned 
to duty under the provisions of this Act. 

Sec. 2. That before entering 'he duties of his office such 



deputy collector shall execute 


payable to the collector of 


internal revenue appointing him, in such amount and with such 
sureties as he may determine. 

Approved, June 29, 1906. 



ORGANIC ACTS FOR HAWAII AND PORTO RICO. 


89 


[Public— No. 262 .] 

AN ACT To readjust the boundaries of the naval reservations in Porto Pico established 
in pursuance of the Act of July first, nineteen hundred and two. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled , That the President be, and 
he is hereby, authorized and empowered by proclamation giving spe¬ 
cific description thereof by metes and bounds or otherwise, to cede, 
transfer, and convey to the government of Porto Rico, to be held and 
disposed of for the use and benefit of the people of said island, such 
portions as are not needed for naval purposes of the tract of eighty 
acres of public land lying along the Caguas road, city of San Juan, 
Porto Rico, heretofore, by paragraph marked one of the Executive 
proclamation of June twenty-sixth, nineteen hundred and three, 
reserve for the use of the United States in pursuance of the provi¬ 
sions of the Act of July first, nineteen hundred and two: Provided , 
That before such cession shall be made the government of Porto Rico 
shall, by proper authority, cede, convey, release, and transfer to 
the United States the following tracts of land, together with all 
buildings and improvements thereon: That tract or parcel of land 
containing about eleven acres, extending east from the new wireless 
station, between the north line of the survey heretofore made by the 
Navy Department and the south line of the military reservation, to 
the tract of four and fifty-nine hundredths acres belonging to and 
reserved by the insular government for jail or penitentiary purposes; 
also, that triangular tract or parcel of land containing seven-tenths of 
an acre, lying to the northward of the western portion of the present 
naval hospital reservation, extending to the army reservation line, 
also, all public lands of Porto Rico south of the scarp wall on the 
Barrio de la Puntilla. 

Approved, March 4, 1907, 11 a. m. 


GUAM AND TUTU1LA, 


[Public— No. 334.] 

AN ACT For the acknowledgment of deeds and other instruments in Guam, Samoa, 
and the Canal Zone to affect lands in the District of Columbia and other Territories. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled , That deeds and 
other instruments affecting land situate in the District of Columbia 
or any Territory of the United States may be acknowledged in the 
islands of Guam and Samoa or in the Canal Zone before any notary 
public or judge, appointed therein by proper authority, or by any 
officer therein who has ex officio the powers of a notary public: Pro¬ 
vided , That the certificate by such notary in Guam, Samoa, or the 
Canal Zone, as the case may be, shall be accompanied by the certifi¬ 
cate of the governor or acting governor of such place to the effect 
that the notary taking said acknowledgment was in fact the officer he 
purported to be; and any deeds or other instruments affecting lands 
so situate, so acknowledged since the first day of January, nineteen 
hundred and five, and accompanied by such certificate shall have the 
same effect as such deeds or other instruments hereafter so acknowl¬ 
edged and certified. 

Approved, June 28, 1906. 

90 



INDEX 


HAWAII. 

Page. 

Abolishment of certain offices_ 10 

Absence of justices of supreme court__ 28 

Acting governor, secretary of Territory may be, in certain contingencies_ 24 

Adjournment from day to day ; legislature_ 13 

Agricultural land, lease of_ 25 

laws continued in force_ 25 

Agriculture and forestry commissioner_ 25 

change of terms used in connection with administration of 

laws relating to_ 25 

commissioner. See Agriculture and forestry commissioner. 

* Altering boundaries of election districts_ 23 

Amendment of official titles_ 10 

American register for certain vessels_ 34 

Annexed territory, name of_ 7 

Appeals and writs of error_ 69 

from supreme court_:_ 28 

Appendix relative to Hawaii_53-76 

Application of Federal laws to Hawaii_ 8 

Appointment of Federal court judges_ 30 

officers generally_ 27 

unspecified officers_ 27 

Apportionment for election of representatives_ 16 

of term of office of senators_ 57 

Appropriation for current expenses, failure to make_ 18 

Appropriations, estimates for_ 18 

made biennially_ j_ 18 

Arrest, exemption from, of members of legislature_ 14 

Attorney-general, duties of- 24 

Auditor, duties of_ 26 

Ayes and noes ; legislature_ 13 

Ballot for Delegate to Congress- 29 

Bank, Hawaiian Postal Savings. See Hawaiian Postal Savings Bank. 

Banks, postal savings. See Postal savings banks. 

Biennial appropriations- 18 

Bills, certification of, from one house to the other- 17 

reading of- 17 

signing of- 17 

Boundaries of election districts, altering of- 23 

Bubonic-plague judgments, payment of claims under- 58 

Candidates for Delegate to Congress, certifying of- 29 

Certificates of residence for Chinese- 34 

silver_ 57 

Certification of bills from one hpuse to the other- 17 

names for candidates for Delegate to Congress- 29 

Change of terms in connection with public lands- 25 

Charters, private- 19 


91 












































92 


INDEX—HAWAII, 


Page. 

Chinese, certificates of residence for- 34 

laborers denied entrance to United States- 34 

Citizens of Territory only can be appointed officers of- 28 

Citizenship_ ” 

City government_ 20 

Civil government act. See Organic act. 

“ Civil laws ”_!_ 7, 8 

Claims arising from destruction of property on account of bubonic plague, 

act for payment of_>-- • 58 

Classes of senators_:_ 15 

Clause, enacting. See Enacting clause. 

Clerk of Federal court_ 31 

Coasting trade between Hawaii and Porto Rico, act to facilitate entry of 

steamships engaged in_ 78 

Coinage, silver_ 57 

Commissioner of agriculture and forestry. See Agriculture and forestry 
commissioner. 

public lands. See Public Lands, commissioner of. 

Compensation of members of legislature_ 13 

Congress, Delegate to. See Delegate to Congress. 

Construction of existing statutes_ 10 

Contract-labor laws made applicable_ 11 

Contracting Territorial debts_ 19 

Contracts for definite term of service void_ 11 

labor, etc __ 11 

Convicts disqualified as voters_ 12 

Corporations, exclusive privileges to_ 19 

real estate holdings limited_ 19 

religious, limit on right of, to hold real estate_ 8 

subscription of government to stock of_ 19 

County government_ 20 

Court, Federal. See Federal court, 
supreme. See Supreme court. 

Criminal proceedings_ 10 

Crown land free from trusts_ 34 

Current expenses, failure to appropriate for_ 18 

Customs district_ 31 

officers in_ 55 

Date Hawaiian organic act to take effect_ 35 

Day, election. See Election day. 

Debts, Territorial, contracting of_ 19 

Definite term of service, contracts for, void_ 11 

Delegate to Congress_ 29 

ballot for___ 29 

certifying names of candidates for_ 29 

election of_ 76 

filling vacancy in office of_ 30 

law relative to election of, may be amended by leg¬ 
islature _ 30 

restriction as to filling vacancies in office of_ 30 

time of election of_ 29 

Delivery, subports of_:_ 56 

Depositaries of public money_ 56 

Depositors in Hawaiian Postal Savings Bank, payments to, authorized-.. 35 
Deputy auditor. See also Auditor. 

duties of_ 26 

Disposition of certain property in Hawaii, act relative to_ 70 

Hawaiian postage stamps_ 31 

public property ceded to United States_ 32 

Disqualification by pecuniary interest, previous judgment, or relationship 

of legislators_ 12 

employees and government officers_ 12 

respecting judges and jurors_ 29 

District, customs. See Customs district. 

internal-revenue. See Internal-revenue district. 




















































INDEX—HAWAII, 


93 


Page. 

Districts, election. See Election districts. 

representative_ 16 

senatorial_ 15 

Division of senators into classes_ 15 

Divorce_ 19 

Duties of attorney-general_ 24 

auditor and deputy auditor_ 26 

secretary of Territory_ 24 

superintendent of public instruction__26, 58 

public works_ 26 

treasurer_ 24 

Each house of legislature judge of qualifications of members_ 12 

Effect, date Hawaiian organic act shall take_ 35 

Election day, exemption of electors on_ 20 

districts, altering boundaries of_ 23 

first, term of senators at_ 15 

laws of Territory may be amended by legislature_ 30 

of Delegates to Congress_ 76 

time of_ 29 

representatives, apportionment for_ 16 

special. See Special election. 

Elections_ 20 

act relative to_ 69 

exceptions governing administration of oaths and holding of_ 21 

for senators and all other, qualifications of voters to partici¬ 
pate in_ 21 

genertrf_ 12 

regulations and rules for administering oaths in connection with, 

and for holding-1_ 21 

special_,._ 12 

those in military service in Territory may not participate in_ 21 

Electors, exemption of, on election day_ 20 

Electric light and power on island of Oahu, act ratifying that of legisla¬ 
ture granting franchise for furnishing- 60 

Employees, disqualifications of- 12 

Enacting clause_ 17 

Enforcement.of law_ 23 

powers of governor_ 23 

English language to be used in conducting legislative proceedings_ 17 

Entry of steamships engaged in coasting trade- 55 

subports of_ 56 

Errors and appeals, writs of- 69 

Estimates for appropriations- 38 

Exclusive fishing-rights laws repealed- 33 

privileges to corporations--- 19 

Executive_ 23 

power--- 23 

Exemption from arrest of members of legislature- 14 

liability of members of legislature- 14 

of electors on election day- 20 

Existing laws continued in force- 8 

obligations unaffected- 10 

offenses-.--- 10 

statutes, construction of- 10 

Expenses, current, failure to appropriate for- 18 

Extension of session of legislature- 17 

Extra session of legislature- 18 

Failure to appropriate for current expenses- 18 

sign or veto- 18 

Federal court- 30 

appointment of judges of- 30 

clerk of_ 31 

jurisdiction of- 30 


























































94 


INDEX—HAWAII. 


Page. 

Federal court, procedure in_ 30 

reporter of_ 31 

terms of_ 30 

laws, application of to Hawaii- 8 

First district, term of senator from- 14 

election, term of senators at_ 15 

Fisheries, investigation of_ 32 

opening of, to citizens_ 33 

Fishing rights, exclusive, laws conferring, repealed- 33 

Forestry, change of terms used in connection with administration of laws 

relating to___ 25 

commissioner. See Agriculture and forestry commissioner. 

laws continued in force_ 25 

Fourth district, term of senator from_ 14 

Franchise for maintenance and operation of telephone system on island of 

Oahu, act confirming grant of, by legislature- 71 

to Hawaiian Electric Company (Limited), act confirming that of 

legislature granting_ 60 

Fuel in Honolulu, act relative to_•_ 65 

Funds in Hawaiian treasury, use of, authorized- 18 

Gas in Honolulu, act relative to_'- 65 

General elections_ 12 

powers of governor_ 23 

See also Powers, general. 

Government, city, county, and town_ 20 

miscellaneous, provisions for_ 31 

of Hawaii_ 7 

officers, disqualifications of_ 12 

subscription to stock of corporations_’_ 19 

Governmental use of certain ground in Hilo, Hawaii, act relative to_ 70 

Governor_ 23 

acting_ 24 

failure of, to sign or veto_ 18 

general powers of_ 23 

salary of_ 32 

powers of, to enforce law_ 23 

veto of_ 17 

Grand juries- 29 

Ground in Hilo, Hawaii, act setting certain, for governmental purposes_ 70 

Hawaiian Electric Company (Limited), act confirming act of legislature 

granting franchise to_ 60 

imports into United States_ 32 

laws as to postal savings banks abolished_!_ 34 

postage stamps, disposition of_ 31 

Postal Savings Bank_ 35 

payments to depositors in. authorized_ 35 

surplus to be paid into U. S. Treasury_ 35 

silver certificates and coinage_ 57 

treasury, use of funds in, authorized_ 18 

High sheriff_ 27 

Holdings of real estate by corporations limited_ 19 

Honolulu quarantine station_ 33 

House of representatives_ 15 

vacancies in_ 15 

Houses of legislature, how styled_ 11 

Idiots disqualified as voters_, 12 

Imports from Hawaii into United States_ 32 

Incorporations_ 19 

Incumbents, present, to hold office until successors appointed_ 28 

Instruction, public. See Public instruction. 

Interest, pecuniary. See Pecuniary interest 

Internal-revenue district_ 31 

Investigation of fisheries_ 32 

leprosy, act providing for_ 68 























































INDEX—HAWAII, 


95 


Page. 

Joint resolution of annexation_ 5 

Judges, disqualification of, to sit by reason of pecuniary interest, previous 

judgment, or relationship_ 29 

of Federal court, appointment of_ 30 

Judgment, previous. See Previous judgment. 

Judiciary, the_ 28 

Juries_ 28 

grand. See Grand juries. 

repeal of certain provisions relative to_ 28 

Jurisdiction of Federal court_ 30 

Jurors, disqualification of, to serve by reason of pecuniary interest, pre¬ 
vious judgment, or relationship_ 29 

not to be chosen from one race only_ 29 

qualifications of_ 28 

Justices of supreme court, absence of_ 28 

Labor, etc., contracts for_ 11 

in Hawaii, statistical details relating to, to be collected_ 60 

laws, contract, made applicable_ 11 

statistics_1_ 26 

Laborers, Chinese. See Chinese laborers. 

Land, agricultural. See Agricultural land, 
crown. See Crown land, 
public. See Public land and public lands. 

Lands on Oahu, withdrawal of certain_ 55 

Language, English, to be used in conducting legislative proceedings_ 17 

Law, enforcement of, powers of governor to_ 23 

Laws, civil_ 8 

conferring exclusive fishing rights repealed_ 33 

continued in force_ 28 

contract labor, made applicable_ 11 

election, of Territory, may be amended by legislature_ 30 

existing, continued in force_ 8 

Hawaiian. See Hawaiian laws. 

of Hawaii--- 7, 8 

penal, repealed_ 9 

public land_ 25 

relating to agriculture and forestry continued in force_ 25 

public works, change of terms in_ 26 

session, repealed_ 10 

title of_ 17 

Lease of agricultural land_ 25 

Legislation_ 16 

Legislative power- 11 

scope of_ 19 

proceedings to be conducted in English language_ 17 

Legislators, disqualification of_ 12 

See also Members of legislature. 

Legislature_ 11 

ascertaining quorum in_ 13 

ayes and noes_ 13 

compensation of members_ 13 

duration of sessions of_ 16 

each house to judge of qualifications of members of_ 12 

extension of session of_ 17 

extra session df_ 18 

members of, exemption of, from arrest_ 14 

liability_ 14 

offenses against, specified_ 13 

officers and rules of_ 13 

person offending against, to be heard in his own defense_ 13 

punishment of members of_ 14 

persons not members of_ 13 

qualifications of members of_ 11 

quo mm_ 13 

sessions of_ 16 























































96 


INDEX—HAWAII, 


Page. 

Legislature, smaller number than quorum may adjourn from day to day_ 13 

special session of_ 17 

style of title of houses of- 11 

to consist of two houses- 11 

Lepers, care and treatment of, act relative to- 68 

Leprosy, act providing for investigation of—---- 68 

Liability, exemption from, of members of legislature!- 14 

Limitation on right of religious corporations to hold real estate- 

Liquors_ 16 

Lotteries_ 16 

Manufacture of fuel and gas in Honolulu, act relative to- 65 

Members of legislature, compensation of- 13 

disqualification of- 12 

each house to judge of qualifications of- 12 

exemption of, from arrest- 14 

liability_ 14 

qualifications of_ 11 

punishment of_ 14 

See also Legislators. 

senate, number of_ 14 

Merchant seamen_ 11 

Method of voting for representatives- 20 

senators_ 21 

Military service in Territory, those in, disqualified for voting in elections. 21 

Miscellaneous provisions for government of Hawaii- 31 

Money, public. See Public money. 

Name of annexed territory_ 7 

Naturalization_ 34 

Number of senators_ 14 

representatives_ 15 

Oahu Railway and Land Company, act confirming right of way of, 

through military reservation- 68 

withdrawal of certain lands on island of- 55 

Oath of office_ 12 

Oaths in connection with elections, exceptions to regulations and rules 

governing_1- 21 

provisions as to, continued in force_ 21 

Obligations, existing, unaffected_ 10 

Offenses against legislature, accused to be heard in his own defense_ 13 

specified_ 13 

existing_'___ 10 

Office, oath of--- 12 

tenure of_ 28 

Officers and rules of legislature_ 13 

appointment, removal, salaries, and tenure of_27, 69 

governmental, disqualifications of_ 12 

in customs district of_ 55 

of the United States_ 29 

present, to hold positions until successors appointed_1_ 28 

salaries_ 27 

Territorial, appointment of_ 27 

removal of_:_A_ 27 

salaries of_ 32 

terms of_ 27 

to be citizens_ 28 

unspecified, appointment of_ 27 

Offices abolished_ 10 

Official titles, amendment of_ 10 

Opening fisheries, proceedings for, to citizens_ 33 

Organic act for Hawaii_ 7-35 

date shall take effect_ 35 

definitions_ 7 

general provisions_ 7 


























































INDEX-HAWAII. 


97 


Payment of claims arising out of destruction of property on account of 

bubonic plague, act appropriating for_ 

Payments to depositors in Hawaiian Postal Savings Bank authorized_ 

Pecuniary interest as disqualification for judges and jurors_ 

Penal laws repealed_ 

Persons not members of legislature, punishment of_-_ 

Plague, bubonic. See Bubonic plague. 

Postage stamps, Hawaiian, disposition of_ 

Postal Savings Bank of Hawaii. See Hawaiian Postal Savings Bank. 

banks, Hawaiian, abolished_ 

Power, legislative_ 

scope of_ 

Powers, general, of executive_ 

superintendent of instruction_ 

Present incumbents to hold office until successors appointed_ 

Previous judgment as disqualification for judges and jurors_ 

Private charters_ 

Privileges, exclusive, to corporations_ 

Procedure in Federal court_ 

on receipt of veto_ 

Proceedings, criminal_ 

for opening fisheries to citizens_ 

legislative, to be conducted in English language_ 

Process, style of_ 

Property in Hawaii, act relative to disposition of certain_ 

public. See Public property. 

Public instruction. See Superintendent of public instruction. 

land, changes of terms in connection with_ 

exceptions in provisions concerning_ 

laws--- 

continued in force_ 

sales_ 

lands, commissioner of___ 

money, depositaries of_ 

property ceded to United States, disposition of_ 

works, change of terms in laws relating to_ 

superintendent of_ 

duties of_ 

Punishment of members of legislature_ 

persons not members of legislature_ 


Page. 

58 

35 

20 

9 

13 

31 

34 

11 

19 

23 

58 

28 

29 
19 
19 

30 
18 
10 
33 
17 
11 
70 


25 

25 

25 

25 

25 

25 
56 
32 

26 
26 
26 
14 
13 


Qualifications of jurors- 28 

members of legislature_ 11 

each house to judge of_ 12 

representatives_ 16 

senators_ 15 

voters for representatives->- 21 

at senatorial and all other elections_ 33 

Quarantine- 33 

regulations- 33 

station, Honolulu_ 33 

stations_ 33 

Quorum in legislature-- 13 


Beading of bills- 

Beal estate holdings of corporations limited- 

Begister, American, for certain vessels- 

Begulations for administering oaths and holding Territorial elections 

quarantine_ 

Belationship as disqualification for judges and jurors- 

Beligious corporations, limit on right of, to hold real estate—. 
Bemoval of officers- 


17 

19 

34 

21 

33 

29 

8 

27 


t 


8210—07 
























































98 


INDEX-HAWAII, 


rage. 

Repeal of laws conferring exclusive fishing rights- 33 

Repealed penal laws_ 9 

session laws_ 

Reporter of Federal court_-l- 31 

Representative districts_ 10 

Representatives, apportionment for election of- 10 

house of. Sec House of representatives. 

method of voting for_ 20 

number of_ 15 

qualifications of___ 16 

qualifications of voters for_ 21 

term of office of_ 15 

Residence of Chinese, certificates of_ 34 

Restriction as to filling vacancies in office of Delegate to Congress- 30 

of Territorial debts_ 19 

Revenue, internal. See Internal revenue. 

Revenues from wharves_ 31 

Right of way, confirmation of, to Oahu Railway and Land Company, 

through military reservation_ 68 

Rights for exclusive fishing, repealed_- 33 

Rules and officers of legislature_ 13 

for administering oaths and holding Territorial elections_•_ 21 

Salaries of officers_^_27, 32 

Salary of governor_ 32 

Sales, public land_._ 25 

Savings Bank, Postal, of Hawaii. See Hawaiian Postal Savings Bank, 
banks, postal. See Postal savings banks. 

Schools, sectarian_'_ 19 

Scope of legislative power___ 19 

Seamen, merchant_ 11 

Second district, term of senator from_ 14 

Secretary of Territory_;_[ 24 

acting governor in certain contingencies_ 24 

duties of_ 24 

Sectarian schools_I_ 19 

Senate, number of members of_ 14 

vacancies in_ s __ 15 

Senator, term of, first district_ 14 

fourth district_ 14 

second district_• 14 

third district_ 14 

Senatorial districts_ 15 

Senators chosen at first election, term of_ 15 

division of, into classes_ 15 

method of voting for_ 21 

qualifications of_ 15 

voters to participate in election of_ 21 

terms of service of__ 15 ? 57 

Service, definite term of, contracts for, void_ 11 

military. See Military service. 

of senators, term of_ _ 15 

Session laws repealed_ 10 

of legislature_ 70 

extension of___~ 17 

extra -1—I Z__I II 18 

special_ 17 

Setting aside of certain ground in Hilo, Hawaii, for governmental pur¬ 
poses, act relative to_ 1 ___ 70 

Sheriff. See High sheriff. 

Signing bills_ 77 

by governor, his failure to do so_ 7 18 

Silver certificates and coinage in Hawaii_’’_ 57 

Special election may be .called to fill vacancy in office of Delegate to 

Congress_ 70 

























































INDEX-HAWAII 


99 


Special elections__ 

session of legislature_ 

Stamps, postage. See Postage stamps. 

Station, quarantine. See Quarantine station. 

Stations, quarantine_ 

Statistics, labor_ 

Statutes, existing, construction of_ 

Steamships engaged in coasting trade_ 

Stock of corporations, subscription of Government to_ 

Style of process_ 

title of houses of legislature_ 

Submission of Territorial laws to Congress_ 

Subports of delivery and entry_I__ 

Subscription of Government to stock of corporations_ 

Superintendent of public instruction, duties and powers of_ 

works. See Public works, superintendent of. 

Supply of fuel and gas in Honolulu, act relative to_ 

Supreme court, absence of justices of_ 

appeals from__ 

how constituted_ 

of Hawaii_ 

appeals and writs of error from, may be taken 

to Supreme Court of United States_ 

United States given jurisdiction to consider appeals 

and writs of error from supreme court of Hawaii_ 

Surplus of Hawaiian Postal Savings Bank to be paid in United States 

Treasury_ 

Surveyor _ 


Page. 

12 

17 


33 

26 

10 

55 
10 
11 
11 

8 

56 
19 
59 


65 

28 

28 

28 

28 

70 

69 

35 

27 


Telephone system on island of Oalni, act confirming franchise of legisla¬ 
ture for_ 

Tenure of office_:- 

officers_ 

Term of office of representatives- 

senators__ 

Terms of Federal court_ 

senators from-first, second, third, and fourth districts_ 

service of senators_ 

Territorial officers__ 

Territorial debts, contracting of - 

laws, submission of. to Congress_ 

officers. See Officers, Territorial. 

Third district, term of senator from_ 

Time of election for Delegate to Congress- 

Title of laws_ 

Titles, official. See Official titles. 

Town government_ 

Treasurer_ 

duties of___ 

Treasury of Hawaii, use of funds in, authorized- 

Trusts, crown land free from- 


71 

28 

27 

15 

57 

30 

14 

15 
27 

19 
8 

14 

29 

17 

20 
24 
24 

18 
34 


United States officers- 29 

Unspecified officers, appointment of-- 27 

Use of funds in Hawaiian treasury authorized- 18 

Vacancies, house of representatives- 15 

in senate_ 15 

Vacancy in office of Delegate to Congress- 76 

filling of_ 30 

restriction as to filling_‘_ 30 

Vessels, American register for certain- 34 

Veto, failure of governor to- 18 

Veto of governor-- 17 

procedure upon receipt of- 18 






















































100 


INDEX-PORTO RICO 


Page. 

Voters, convicts, idiots, etc., disqualified as_ 12 

qualifications of, for participating in elections of representatives— 21 

senatorial and all other elec¬ 
tions _ 21 

Voting for representatives, method of_ 20 

senators, method of_ ' 20 

in elections, those in military service in Territory may not par¬ 
ticipate therein_ 21 

Wharves, revenues from_ 31 

Withdrawal of certain lands on island of Oahu_ 55 

Works, public. See Public works. 

Writs of error and appeals_ 69 

PORTO RICO. 

Absence of governor, secretary to act as, during_ 42 

Acknowledgment of deeds and other instruments in Porto Rico_ 81 

Actions for recovery of duties paid in Porto Rico, law extending time in 

which, may be brought_ 85 

Adjustment of boundaries of naval reservations in Porto Rico_ 89 

Administration of affairs in Porto Rico until appointment and qualifica¬ 
tion of civil officers, act relative to_ 77 

Admission free of merchandise not dutiable in United States_ 37 

to citizenship of Porto Ricans_ 39 

Adultery_ 39 

Annulment of laws by Congress_ 45 

Appeal from supreme court of Porto Rico to Supreme Court of the United 

States_ 49 

Appeals to United States Supreme Court, when allowed_ 49 

Appendix relative to Porto Rico_77-88 

Appointees of President, judicial, salaries of_ 49 

Appointment of governor_ 41 

officials constituting executive council_ 42 

Porto Ricans as cadets to Military and Naval academies 

authorized_ 83 

Territorial judicial officers_ 47 

Approval of bills_ 45 

franchises by President_ 45 

Appropriation for refund of certain duties paid in Porto Rico_ 81 

in connection with redemption of Porto Rican coins_ 40 

of revenues for benefit of Porto Rico, act relative to_ 77 

Areas, harbor. See Harbor areas. 

Assembly, legislative. See Legislative assembly. 

Associate justices of supreme court of Porto Rico, salaries of_ 50 

Attorney-general of Porto Rico_ 43 

salary of_ * 49 

Attorney, United States district. See United States district attorney. 

Auditor of Porto Rico_ 43 

salary of_ 49 

Banco Espanol de Puerto Rico. See Spanish Bank of Porto Rico. 

Bank, Spanish, of Porto Rico. See Spanish Bank of Porto Rico. 

Bills, approval of_ 45 

passage of_ 45 

veto of_ 45 

Body politic, what constitutes_ 38 

Bond issues_ 59 

limit of_ 50 

Books, English, from United States admitted duty free_ 36 

Spanish, admitted free of duty_ 36 

Boundaries of naval reservations in Porto Rico, readjustment of_ 89 


4 














































I 


INDEX-PORTO RICO. 101 

l’age. 

Bridges acquired by treaty of peace placed under government of Porto 

Rico_ 41 

Buildings, public. See Public buildings. 

Cadets from Porto Rico to Military and Naval academies authorized_ 83 

Capital of Porto Rico_ 38 

Changes of salary not to be made during incumbency_ 49 

Charters granting franchises, provisions required in__ __ _ _ 4G 

Chief justice of supreme court of Porto Rico, salary of_ 50 

Circuit court of United States, fees earned or incurred in connection with_ 48 

Citizens of Porto Rico allowed to enlist in Regular Army, act relative to_ 83 

Spanish subjects deemed_,_ 38 

Citizenship, admission of Porto Ricans to_ 39 

Civil affairs, administration of, pending appointment and qualification of 

proper officers, etc., act relative to_ 77 

cases, jurisdiction of district court of United States in_ 47 

government act. See Organic act. 

for Porto Rico, provisions for_ 36 

Clause, enacting. See Enacting clause. 

Coasting trade between Porto Rico and Hawaii, act to facilitate entry of 

steamships engaged in_ 78 

Coffee, duty on_ 36 

Coins, Porto Rican, redemption of_ 40 

Commission to report on permanent system of government for Porto Rico_ 51 

Commissioner of education of Porto Rico- 43 

salary of_ 49 

interior of Porto Rico_ 43 

salary of_ 49 

Resident, to United States. See Resident Commissioner to 
United States. 

Commissioners, United States. See United States commissioners. 

Concessions in Porto Rico-46, 78 

Congress may annul laws of legislative assembly-- 45 

Construction of piers, wharves, and other works, act relative to_ 85 

Continuance of established courts- 46 

existing laws, with certain exceptions_ 39 

Corporations, functions of, limited- 46 

Council, the executive. See Executive council. 

Court, district. See District court. 

of Claims of United States given jurisdiction to render judgments 
in connection with refund of certain duties collected in Porto 

Rico_ 81 

provisional. See Provisional court. 

United States Supreme. See Supreme- Court of United States. 

Courts established to be continued--- 46 

Federal. See Federal courts. 

jurisdiction of and procedure in-^- 46 

power of legislative assembly in regard to- 47 

Date of taking effect of organic act- 51 

Debts, existing, in what payable-- 40 

Deeds, acknowledgment of, in Porto Rico- 81 

Delegates, election of-*- 44 

house of. See House of delegates. 

qualifications of- 45 

term of service of- 44 

to legislative assembly, salaries of- 44 

Disbursement and safe-keeping of public moneys in Porto Rico, act rela¬ 
tive to_ 78 

Disposition of fees earned in district court of United States- 48 

District attorney, United States. See United States district attorney, 

court of United States for Porto Rico, appeals from to Supreme 

Court of United States- 49 

disposition of fees earned in- — 48 








































102 


INDEX-PORTO RICO. 


Page. 

District court of United States for Porto Rico, employees’ salaries- 49 

expenses payable from Porto Rican revenues- 48 

fees earned or expenses incurred in connection with- 48 

jurisdiction of- 47 

extended- 47 

may grant writs of habeas corpus- 49 

mileage of jurors and witnesses in- 48 

officers of_ 47 

procedure in_ 47 

terms of_ 48 

to succeed provisional_ 48 

judge of United States. See United States district judge, 
judicial. See Judicial district. 

marshal, United States. See United States district mar¬ 
shal. 

Districts, election. See Election districts. 

Double mileage fees prohibited_ 48 

Duties, export, none_— 50 

none after March 1, 1902___ 

of executive council_a_ 42 

additional in connection with salaries of court 

officials_ 42 

members of executive council other than heads of departments.- 43 

secretary of Porto Rico_ 42 

on entry or withdrawal of merchandise imported from Porto Rico 

prior to passage of organic act_ 38 

paid in Porto Rico, act extending time in which actions for refund 

of, may be brought_ 85 

refund of certain, paid in Porto Rico, act relative to_ 81 

on goods brought from Porto Rico into the United States. 83 
to be paid into Porto Rican treasury when civil government estab¬ 
lished _ 38 

cease when system of local taxation established_ 37 

constitute separate fund in Treasury for benefit of Porto Rico_ 37 

when based on weight_ 38 

which may be assigned governor_ 42 

Duty on coffee_ 3G 

English books from United States not to be charged_ 3G 

Spanish books not to be charged_ 3G 

See also Tariff. 

Education, commissioner of. See Commissioner of education of Porto 
Rico. 

Effect of organic act, date of_•_ 51 

Election districts for choosing members to legislative assembly_ 44 

laws, those existing to remain until changed by legislature_ 44 

of delegates_ 44 

Employees of district court, salaries of_ 49 

Enacting clause of laws_ 44 

English books from United States admitted duty free_ 3G 

language to be used in proceedings in Porto Rican cases taken to 

U. S. Supreme Court_ 48 

Enlistment of citizens of Porto Rico in Regular Army_ 83 

Entry of merchandise prior to passage of organic act_ 38 

steamships engaged in coasting trade, act to facilitate_ 78 

ports of. See Ports of entry. 

Erection of structures in harbor areas_ 44 

Established courts continued_ 46 

, Establishment of judicial district_ 47 

Executive council assigned additional duties in connection with salaries of 

court officers_ 42 

duties of members other than heads of departments_ 48 

Exemptions of jurors in Federal courts_ 48 

Existing debts, in what payable_ 40 

election laws to govern, until changed by legislative assembly___ 44 













































INDEX-PORTO RICO. 


103 


Page. 

Existing laws continued, with certain exceptions___ 39 

Expenses for improvement of rivers and harbors of Porto Rico, provision 

for- 87 

municipal, how paid_ 50 

of commissioners to report on permanent system of government 

for Porto Rico_ 51 

district court payable from Porto Rican revenues_ 48 

payable from Porto Rican revenues_ 40 

traveling. See Traveling expenses. 

Export duties, none_ 50 

Exports may be taxed by legislature_ 50 

Extension of jurisdiction of district court_ 47 

piers, wharves, and other structures, act relative to_ 85 

time within which actions for recovery of duties paid in 

Porto Rico may be brought, act relative to_ 85 

Federal courts exemptions of jurors in_ 48 

jurors in_ 48 

qualifications_ 48 

selection of jurors in_ 48 

judicial officers_ 47 

laws applicable_ 41 

Fees earned in district court, disposition of_ 48 

mileage. See Mileage fees. 

of United States commissioners_ 47 

4 Foreign imports, tariff on_ 3G 

Franchises, grant of_ 45 

in Porto Rico_:_ 40 

provisions required in charters granting__ 40 

to be approved by President_ 45 

Functions of corporations limited- 40 

Fund, separate, of duties from Porto Rico, to be held for benefit of_ 37 

General provisions of organic act_ 38 

Government, civil. See Civil government. 

for Porto Rico, commission to report on permanent system 

of_ 51 

Governor_ 41 

absence of, secretary to act as, during- 42 

salary of__ 49 

Grant of franchises_ 45 

Habeas corpus_ 49 

Harbor areas, construction, extension, and maintenance of wharves, piers, 

and other structures in, act relative to- 85 

erection and maintenance of structures in_ 41 

Harbors and rivers in Porto Rico, expenses of surveys, etc., for improve¬ 
ment of_ 87 

House of delegates- 44 

organization of- 44 

powers of_+- 45 

Importations from Porto Rico prior to passage of organic act- 38 

Imports, foreign. See Foreign imports. 

Improvement of rivers and harbors in Porto Rico, expenses for- 87 

Instruments, legal. See Legal instruments; Deeds. 

Interior, commissioner of. See Commissioner of interior of Porto Rico. 

Internal-revenue stamps in Porto Rico, sale of, act relative to- 88 

Issues of bonds- 

limit of_*- 50 

judge, United States district. See United States district judge. 

Judgments may be rendered by Court of Claims in connection with refund 

of certain duties collected in Porto Rico- 81 














































104 INDEX-PORTO RICO. 

Page. 

Judicial appointees of President, salaries of_ 49 

district established_ 47 

officers, Federal. See Federal judicial officers. 

of Porto Rico appointment of_ 47 

process_ 41 

Judiciary, the_ 46 

Jurisdiction given Court of Claims of United States to render Judgments 
in connection with refund of certain duties collected in 

Porto Rico_ 81 

of courts_ 46 

district court extended_ 47 

United States district court_ 47 

Jurors in Federal courts_ 48 

exemptions_ 48 

qualifications of_ 48 

selection of_ 48 

United States district court of Porto Rico, qualifications of_ 87 

mileage, United States district court_ 48 

Justices, associate. See Associate justices. 

Lands, public. See Public buildings and lands. 

Language, English. See English language. 

Laws continued in force may be repealed by legislature_ 41 

election. See Election laws. / 

enacting clause of_ 44 

Federal. See Federal laws. 

of legislative assembly may be annulled by Congress_ 45 

those existing continued, with certain exceptions_ 39 

Legal instruments, acknowledgment of, in Porto Rico_J._ 81 

tender_ 40 

Legislative assembly of Porto Rico, how constituted_ 44 

may change election laws_ 44 

power of, in regard to courts_ 47 

Legislature and courts_ 47 

may repeal laws continued in force_ 41 

tax exports_ 50 

Length of session of house of delegates_ 44 

Limit placed on functions of corporations_ 46 

to bond issues_ 50 

Location of office of governor_ 41 

Maintenance of piers, wharves, and other structures, act relative to_ 85 

structures in harbor areas_ 41 

Manufactures of Porto Rico, tariff on_ 37 

United States going into Porto Rico, tariff on_ 37 

Marriage of priests___;_ 39 

Marshal, supreme court of Porto Rico, salary of_ 50 

United States district. See United States district marshal. 
Merchandise admitted free of duty in United States to be similarly 

admitted in Porto Rico when imported from United States. 37 

duties on entry of, prior to passage of organic act_ 38 

withdrawal of, prior to passage of organic act_ 38 

from Porto Rico brought into United States, refund of 

duties on, authorized_ 83 

Members of house of delegates. See Delegates. 

Mileage fees, double, prohibited_ 48 

of jurors and witnesses in United States district court_ 48 

Military Academy, appointment of Porto Rican to, authorized_ S3 

Moneys, public. See Public moneys. 

Municipal expenses and salaries, how paid_ 50 

Nationalization of Porto Rican vessels_ 39 

Naturalization laws of United States, all applicable provisions of, effective 

in Porto Rico_ 39 

Naval Academy, appointment of Porto Rican to, authorized_ S3 

Naval reservations in Porto Rico, readjustment of boundaries of_ S9 















































INDEX-PORTO RICO 


105 


Page. 

Navigable streams, construction, extension, and maintenance of wharves, 


piers, and other structures in, act relative to_ 85 

waters of Porto Rico, erection and maintenance of structures in_ 41 

No change of salaries during incumbency_ 49 

double mileage fees_ 48 

export duties_ 50 

import duties after March 1, 1902_I 37 


Oath_ 41 

Office of governor, location and term of_ 41 

term of. See Term of office. 

Officers, Federal judicial. See Federal judicial officers. 

of district court ___ 47 

Territorial judicial. See Judicial officers of Porto Rico. 

Officials constituting executive council, appointment of_ 42 

Porto Rican. See Porto Rican officials. 

Organic act, date of taking effect_ 51 

for Porto Rico_3G-51 

general provisions of_ 38 

scope of_ 36 

Organization of house of delegates_ 44 

Porto Rican regiment_ 79 


Passage of bills by legislative assembly_ 

Payment of existing debts_!_ 

United States district marshals_ 

Permanent system of government for Porto Rico, commission to report on_ 

Piers, construction and maintenance of, act relative to_ 

Porto Rican cadets to Military and Naval Academies, appointment-author¬ 
ized _ 

coins, redemption of_ 

manufactures, tariff on_ 

officials, salaries of those not appointed by President_ 

provisional regiment of infantry authorized_ 

regiment organized_ 

revenues. See Revenues, Porto Rican. 

vessels, nationalization of_ 

Porto Rico to have benefit of duties collected from island_ 

Ports of entry, Secretary of Treasury to designate and make rules and 

regulations concerning_ 

Power of legislative assembly in regard to courts_ 

Powers of governor_ 

of house of delegates_ 

President to approve franchises_ 

Priests, marriage of_ 

Privileges in Porto Rico_ 

Procedure in United States district court--- 

of courts_ 

Process, judicial. See Judicial process. 

Proceedings in United States district court to be in English language- 

Property in bridges, unnavigable streams, etc., acquired by treaty of peace, 

placed under government of Porto Rico-- 

Provisional court succeeded by district court- 

regiment of infantry for Porto Rico authorized- 

Provisions for civil government of Porto Rico- 

, general, in organic act. See General provisions. 

required in charters granting franchises- 

Public buildings and lands, reservation of, in Porto Rico- 

moneys, safe-keeping and disbursement of, in Porto Rico, act rela¬ 
tive to___ 


45 

40 

47 

51 

85 


83 
40 
37 
41) 

84 
79 

39 

37 


38 
47 
41 
45 

45 

39 
46, 78 

47 

46 

48 

41 

48 

84 

36 


46 

82 


78 


Qualifications of delegates--- 

jurors in Federal courts- 48 

United States district court of Porto Rico- 87 

resident commissioner to Uuited States- 1 50 
















































106 INDEX-PORTO RICO. 

Page. 

Qualified voters_ 44 

Quarantine stations_ 40 

Readjustment of boundaries of naval reservations in Porto Rico- 89 

Recoinage_ 40 

Redemption of Porto Rican coins_ 40 

appropriation for_ 40 

regulations governing_ 40 

Refund of certain duties paid in Porto Rico, act relative to- 81 

duties on Porto Rican goods brought into United States, act 

authorizing_ 83 

Regiment of native Porto Ricans organized_ 79 

Regular Army, citizens of Porto Rico may enlist in_ 83 

Repeal by legislature of laws continued in force_:_ 41 

Report of governor_ 42 

Reservation of public lands and buildings in Porto Rico_ 82 

Reservations, naval. See Naval reservations. 

Resident commissioner to United States_ 50 

qualifications of_ 50 

term of office of, extended- 51 

traveling expenses of_ 50 

Revenues of Porto Rico, appropriated for benefit of_ 77 

to be drawn on for payment of expenses of dis¬ 
trict court_ 48 

Porto Rican, expenses payable from_ 40 

Rivers and harbors in Porto Rico, expenses of surveys, etc., for improve¬ 
ment of_ 87 

Safe-keeping and disbursement of public moneys in Porto Rico, act rela¬ 
tive to_ 78 

Salaries, municipal, how paid_ 50 

not to be changed during incumbency_ 49 

of employees of United States district court_ 42,49 

governor, secretary, etc_1_ 49 

members of house of delegates_ 44 

Porto Rican officials not appointed by President_ 49 

Presidential judicial appointees_ 49 

Salary of commissioner of education_ 80 

Sale of internal-revenue stamps in Porto Rico, act relative to_ 88 

Scope of organic act_ 36 

Secretary of Porto Rico_ 42 

salary of_ 49 

to act as governor in absence of latter_ 42 

War authorized to permit construction, extension, and main¬ 
tenance of wharves, piers, and other structures on lands 
underlying harbor areas and navigable streams and bodies 
of water in or surrounding Porto Rico and adjacent 

islands __ 85 

Selection of jurors, Federal courts_ 48 

Separate fund. See Fund, separate. 

Service, term of. See Term of service. 

Session of house of delegates, length of_ 44 

Spanish books admitted free of duty__ 3 $ 

Bank of Porto Rico, act relative to_ 79 

subjects deemed citizens of Porto Rico_ 38 

Stamps, internal-revenue. See Internal-Revenue stamps. 

Stations, quarantine. See Quarantine stations. 

Steamships engaged in coasting trade, act to facilitate entry of_ 78 

Streams, navigable. See Navigable streams. 

unnavigable. See Unnavigable streams. 

Structures on lands underlying harbor areas, navigable streams, and 
bodies of water in or surrounding Porto Rico and adjacent islands, 

act relative to_;_ gr 

Supreme court of Porto Rico, appeal from, to Supreme Court of the 

United States_ 49 














































INDEX-PORTO RICO. 10 7 

Page. 

Supreme court of Porto Rico, associate justices’ salaries_ 50 

chief justice’s salary_ 50 

marshal’s salary_ 50 

may grant writs of habeas corpus_ 49 

Court of the United States, appeal to, from district and su¬ 
preme courts of Porto Rico_ 49 

when appeals are allowed to_ 49 

System of government for Porto Rico, permanent, commission to report on_ 51 
local taxation, when established, to do away with duties_ 37 

Tariff as between United States and Porto Rico_ 3G 

on foreign imports_1__ 36 

Porto Rican manufactures_ 37 

United States manufactures going into Porto Rico_ 37 

See also Duty. 

Tax on exports, legislature may levy_ 50 

Tender, legal. See Legal tender. 

Term of office of governor_ 41 

resident commissioner to United States extended_ 51 

service of delegates __ 44 

Terms of district court_ 48 

Territorial judicial officers. See Judicial officers of Porto Rico. 

Title of governor- 41 

Traveling expenses of resident commissioner to United States_ 50 

Treasurer of Porto Rico_ 43 

salary of_ 49 

United States commissioners, fees of_ 47 

district attorney, salary of_ 50 

court of Porto Rico, qualifications of jurors in_ 87 

judge, salary of- 50 

marshal, salary of_ 50 

marshals, payment of- 47 

manufactures going into Porto Rico, tariff on- 37 

Supreme Court. See Supreme Court of the United States. 
Unnavigable streams, acquired under treaty of peace, placed under gov¬ 
ernment of Porto Rico- 41 

Vessels, Porto Rican, nationalization of- 39 

Veto of bills_ 45 

Voters, qualified. See Qualified voters. 

• 

Waters in or surrounding Porto Rico and adjacent islands, construction, 
extension, and maintenance of wharves, piers, and other struc¬ 
tures in, act relative to-:-- 85 

navigable and unnavigable. See Navigable streams. 

Weight, duties when based on-- 38 

Wharves, construction and maintenance of, act relative to- 85 

Withdrawal of merchandise prior to passage of organic act- 38 

Witnesses’ mileage, United States district court- 48 

GUAM AND TUTUILA. 

Acknowledgement of deeds and other legal instruments in- 89 




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